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(영문) 서울북부지방법원 2020.06.16 2019나32246
구상금
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total costs of litigation shall be borne by H (O).

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the overall purport of the pleadings in each entry in Gap evidence 1 to 10, Eul evidence 1 and 2.

1) The Plaintiff is a clan that is a 10-year-old member of PP Q. 2) The Defendant was the representative of the Plaintiff as of February 18, 2004.

B. 1) The Defendant, on behalf of the Plaintiff, on February 18, 2004, signed the instant sales contract between the Plaintiff and D, shall be deemed to be the E Forest No. 30 square meters (hereinafter “instant land No. 1”).

F Forest land 60,893 square meters (hereinafter “F land before subdivision”) and F forest land at the time of strike before subdivision.

) Of the 9,709 square meters (the part of the F land before division, 9,709 square meters is hereinafter referred to as “instant land 2”).

(3) The sales contract provides that the remainder of KRW 2.377 billion shall be sold to D and S, and the down payment of KRW 237.366 million shall be paid within 15 days after approval for the new apartment construction project (hereinafter “instant sales contract”).

(2) On February 18, 2004, G with D agency paid KRW 200 million to the Defendant’s account (National Bank Telecommunication) in order to present a part of the down payment out of the instant purchase price.

C. On February 15, 2007, the Plaintiff sold part of F land before the subdivision to the Korea National Housing Corporation. 2) On March 7, 2007, the F land before subdivision was divided into U forest land 7,719 square meters, V forest land 2,039 square meters, and W forest land 2,010 square meters.

3) On March 7, 2007, on the ground of “acquisition of public land on February 15, 2007,” the registration of ownership transfer was completed in the name of the Korea National Housing Corporation on the grounds of “acquisition of public land on February 15, 2007.” (4) On March 20, 2007, the Plaintiff received compensation totaling KRW 3,172,43,460 from the Korea National Housing Corporation.

D The grounds for the instant sales contract are as follows: (i) with respect to the land of this case, 'the Plaintiff’s 1st place of the lawsuit is the Ji Government District Court High Court Decision 2007Gahap890, 1990.

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