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(영문) 수원지방법원성남지원 2016.09.23 2014가합206583

손해배상(기)

Text

1. The plaintiff's primary defendants and conjunctive defendants' claims are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The primary Defendants’ land sale 1) The primary Defendants refer to F and one other on March 4, 2005, as well as Sungnam-si G and H land (hereinafter “G land”) and the entire “instant land.”

A) The sales price of H is KRW 50 million, and as a special agreement, “H land is the primary Defendant B’s contract on behalf of the primary Defendant C. Land transaction permission and transfer income tax shall be borne by the buyer, and all of the documents falling under the above shall be provided by the seller. Construction permission shall run in the name of the seller. The construction permission shall run in the name of the seller. The construction permission shall run in the name of the seller (the building and the land).” (hereinafter “the first sales contract”).

(2) The primary Defendants received full payment from F, etc. of the purchase price of KRW 50 million on March 4, 2005, KRW 220 million on April 7, 2005, KRW 275 million on May 6, 2005.

B. In accordance with the sales contract, F et al.: (a) around April 2005, F et al. filed an application for housing axis on G land under the name of the primary defendant B; and (b) on May 21, 2005, the head of Sungnam-si amended head of Sungnam-si, thereby obtaining permission to engage in activities within G land development-restricted zones (housing reconstruction)

C. Plaintiff’s land purchase 1) On June 16, 2005, the Plaintiff’s conjunctive Defendants representing the primary Defendants and the instant land purchase price of KRW 1.5 billion (hereinafter “the second sale contract”).

A) A sales contract, the purchase price of which is KRW 1.1 billion, was entered into as a tax issue, and the main contents of which are as follows: the sale price for the sale of the building including the right to permit the sale of the building (house): 1.1 billion won (the payment at the time of the contract amount of KRW 150 million (the seal of the preliminary defendant E), the intermediate payment of KRW 400 million, and the remainder of KRW 550 million: Land transaction permission shall be liable to the buyer.

The seller cooperates so that the buyer can directly construct after the payment of the intermediate payment.

One billion won out of the remainder is after the completion of the building.