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(영문) 서울고등법원 2019.01.24 2018나2039721
보수금 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts recognized;

A. The status of the parties and the pertinent Plaintiff are persons engaged in real estate development business, and the Defendant is a person who purchased one’s land in Gyeyang-gu E, Soyang-gu as follows:

B. Defendant and D’s land purchase 1) around October 2007, the Plaintiff was able to purchase and develop the land of Gyeyang-gu E in Yangyang-gu, Seoyang-gu, Seoyang-gu, 2007, but the financial circumstances did not seem, and it was recommended that D may gain a large amount of profit if it purchased and developed the said land. Accordingly, D recommended the Defendant to purchase and develop the said land together. The Defendant and D recommended the Defendant to purchase and develop the said land together (hereinafter “the instant real estate development plan”).

2) On January 3, 2008, the Defendant and D drafted a provisional contract (i.e., evidence No. 4-1 and 300,000 square meters (hereinafter “instant land”) to purchase KRW 600,000,00 for T and Soyang-gu, Seoyang-gu, C306 square meters (hereinafter “instant land”).

On January 7, 2011, the Defendant and D drafted a written contract on the instant land (from the following date, the instant contract dated January 7, 201) with S and D, and the said written contract contains KRW 485,00,000, unlike the provisional contract as of January 3, 2008, the purchase price of which is KRW 485,000. The Defendant and D completed the registration of ownership transfer on each of their shares of the instant land on January 14, 2011 with respect to each of the instant land 1/2 as of January 7, 2011, on September 28, 2009 (the date the registration of ownership transfer was completed on January 3, 201).

(2) The U.S. Special Metropolitan City Mayor No. 4-2 entered the registration conversion into “ 4,688 square meters.” However, the U.S. Special Metropolitan City Mayor No. 4-2 is the area prior to the registration conversion. Meanwhile, the U.S. Special Metropolitan City Mayor No. 2005 square meters. The U.S. Special Metropolitan City Mayor No. 2005, Jan. 1, 2005.

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