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(영문) 인천지방법원 2018.11.15 2018구합52840
개발부담금부과처분취소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff A, B, C, and D, including the ownership of land, owned the Plaintiff C’s 2/5 share, and the Plaintiff A, B, and D each/5 share, respectively, as the co-owners of the 1,101 square meters and the 1,329 square meters and the 1,329 square meters and the 1,5 square meters and the 1,5 shares

(F) On July 26, 201, each of the above lands was divided into 1,090 square meters prior to L, 1,090 square meters prior to L, 1,090 square meters prior to N, and 250 square meters prior toO, after the merger on June 28, 2011. K owned 902 square meters prior to the merger and division and 545 square meters prior to Q.

(Each of the above lands was divided into 646 square meters prior to P on July 26, 201, 201, 650 square meters prior to R, 85 square meters prior to S, 36 square meters prior to T, 30 square meters prior to T, and 30 square meters prior to U.S.). Following the death of K on September 11, 2015, Plaintiff E, I, J, and V became co-inheritors; and V became co-inheritors on February 13, 2017.

B. On May 27, 2010, Plaintiff A, B, C, and D, including land purchase and sale, are as follows.

Before the merger and division of paragraph, L land and M land were sold for KRW 845 billion, and K sold for the same day to W.

P land and Q land before the merger and division of the port were sold in the amount of KRW 462 million.

W at the time of each sale as above, the Plaintiff A, B, C, D, and K (hereinafter “Plaintiffs, etc.”) prepared and delivered “special terms and conditions regarding the performance of the contract” to the seller, and the main contents are as follows:

1) The purpose of this location is to transfer the land in the name of the owner to a third party after obtaining a building permit for Class I neighborhood living facilities (retail stores) in the name of the owner. 2) The seller actively cooperates in all procedures necessary for the merger, division and building permit of the main land as required by the buyer.

3) The buyer is not liable to the seller for all expenses incurred in building, civil engineering, design, and application for permission (such as farmland diversion charges, resident tax, public bond, etc.) necessary for the construction authorization and permission. 4) The seller does not raise any objection against the buyer’s sale and purchase of the land to a third party.

The buyer of the payment shall pay 10% of the down payment simultaneously with the contract.

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