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(영문) 대전고등법원 2018.09.05 2016나15813
이익금 배분 청구
Text

1. Upon the claim that the court changed the exchange in this court, the defendant shall pay to the plaintiff KRW 122,134,449 and this shall apply to the plaintiff.

Reasons

1. Basic facts

A. While the Plaintiff, who was engaged in the construction business, was carrying out the business of newly constructing and selling electric housing in the Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “instant business”), around November 29, 2013, the Plaintiff agreed to purchase KRW 9,256 square meters (hereinafter “instant land before the instant partition”) out of the Fandong-gu, Dong-gu, Chungcheongnam-gu (hereinafter “C, etc.”) among the Fandong-gu, Y and paid KRW 40,000,000 on August 28, 2013, and paid the remainder to C, etc. within 15 days after obtaining authorization or permission necessary for the new house construction and sale business (hereinafter “instant sales contract”).

B. On January 7, 2014, the Plaintiff obtained a construction permit under the name of the seller of the instant land prior to the instant partition (E 1,058 square meters, E 1,140 square meters, C1,714 square meters, hereinafter “the primary construction permit”) and carried out civil engineering works for the construction of electric source housing with authorization and permission for the instant project. (c) On January 13, 2014, the Plaintiff: (a) paid to C, etc. all kinds of charges imposed on the primary construction permit, and paid the remaining land within 15 days after obtaining the relevant authorization and permission with respect to the remaining land except for wooden and road construction, after the Plaintiff paid the total amount of the charges imposed on the primary construction permit; (b) the Plaintiff renounced the sales contract; and (c) prepared a construction permit under the name of the Plaintiff to file a claim for the total construction permit, such as the down payment, construction design cost, civil engineering design cost, alternative afforestation cost, construction cost, road opening cost, etc., and issued the instant construction permit.

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