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(영문) 서울동부지방법원 2014.01.24 2013가합1073
정산금
Text

1. Defendant C’s KRW 452,788,735 as well as 5% per annum from February 5, 2008 to January 24, 2014.

Reasons

1. Determination as to the claim against the defendant B

A. Facts of recognition 1) Defendant B’s land development and real estate rental business (hereinafter “instant business”) on February 6, 2004

(2) For the purpose of doing so, the instant land shall be 2,314 square meters and 4,628 square meters and 2,628 square meters and 2,000 square meters and 2,000 square meters

(2) Upon purchasing the purchase price in KRW 1.68 billion, the Plaintiff paid the down payment in KRW 1.7 billion on the date of the contract, and the intermediate payment in KRW 1.1 billion on February 25, 2004, and agreed to pay the balance in KRW 510 million on March 10, 2004, respectively. (2) Upon introducing Defendant B through Defendant B, the Plaintiff invested in the said business by paying KRW 20 million on February 23, 2004; KRW 220 million on March 26, 2004; KRW 80 million on March 10, 2004; and KRW 50 million on March 10, 2004.

3) On March 17, 2004, Defendant B: (a) divided the instant land into F 3,230 square meters, G 330 square meters, previous 330 square meters, previous H 330 square meters, previous 330 square meters, previous J 330 square meters, previous 330 square meters, and previous 78 square meters; (b) changed the respective land categories of the said G 330 square meters, previous H 330 square meters, previous 330 square meters, previous 330 square meters, and previous 330 square meters, and previous 330 square meters, from each of the instant land to “large”; and (c) changed the respective land categories of each of the said 4-dong (hereinafter “instant building”).

(4) On February 4, 2008, the Korea National Housing Corporation newly built a new construction and leased the instant land (including divided land; hereinafter the same shall apply) to Defendant A, and around that time, paid KRW 3,177,14,450 as compensation for expropriation of the instant land, and KRW 39,183,330 as compensation for expropriation of the obstacles to the instant building, etc. on the instant land, and KRW 9,642,40 as compensation for farming.

5) The Defendants paid to the Plaintiff KRW 30 million, around November 22, 2007, KRW 30 million on April 7, 2008, KRW 170 million on September 14, 2008, KRW 86,836,168 on September 3, 2008, and KRW 590,836,168 on July 7, 201. [Grounds for Recognition] The Defendants paid to the Plaintiff KRW 590,836,168, including KRW 4 million on July 7, 2011.

. Eul 2, 9, 10, 12.

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