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(영문) 수원지방법원 2017.05.10 2016구합67630
개발부담금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic facts are: (a) on July 15, 2010, 11 buyers, including the Plaintiff, who entered into the instant primary sales contract, etc.: ① on a total of 14,479 square meters of forest land B (hereinafter “the instant forest”) and 10 square meters of land (hereinafter “the instant entire land”); (b) the Plaintiff’s land size is 7,600 square meters; (c) and three other buyers, who enter into a sales contract with the Plaintiff with the sale price of KRW 17 billion (3.3 square meters; (d) KRW 662,00 for the entire land; (e) KRW 1,52,60 million for the purchase price for the Plaintiff’s land; and (e) KRW 9,700 for the entire land sales contract (hereinafter “the instant land sales contract”); and (e) KRW 85,700,000 for the entire land sales contract with the Plaintiff’s sale and purchase price of KRW 7,500,000 for the entire land (hereinafter “the instant land sales contract”).

The first sale contract of this case is premised on the land transaction permission and necessary permission under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”). The remainder is paid within one month after the permission and land transaction permission. The purchase area for each buyer includes the contents of the purchase area re-distribution according to the permitted area.

(A) On July 20, 2010, the Plaintiff paid the down payment of KRW 150 million (1.522.6 million) to C on July 20, 2010, the Plaintiff paid the down payment of KRW 9 million for the Plaintiff’s share (87,825,000) out of the purchase price of the said trees on the same day to D and E, and the remainder of KRW 85,890,459 for the remainder of the purchase price of the said trees on the same day.

On November 4, 201, the Plaintiff entered into the instant secondary sales contract (hereinafter “instant factory site”) with the Defendant not exceeding 6,523 square meters among the instant forest land.

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