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(영문) 서울중앙지방법원 2015.11.24 2013가합502733
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of litigation shall include the costs incurred by the supplementary participation in the co-litigation.

Reasons

1. Basic facts

A. On October 26, 2006, Seoul Metropolitan Government announced D of Seoul Metropolitan Government on October 26, 2006, designated Jongno-gu Seoul E as an urban renewal acceleration district and publicly announced the urban environment rearrangement acceleration plan to promote urban environment rearrangement projects, etc.

After March 19, 2009, the Seoul Special Metropolitan City newly established the Jung-gu Seoul Metropolitan Government H Japan as a C zone as a public announcement of the Seoul Metropolitan Government.

(hereinafter referred to as the “instant rearrangement project”) regarding the urban environment rearrangement project in C.

(1) The Plaintiff and the Cocogma Cos., Ltd. (hereinafter “Cocogma”) were established for the purpose of real estate development business, etc. and intended to purchase land within the business area to promote redevelopment projects under the instant improvement project.

(2) On October 31, 2008, the Plaintiff entered into a sales contract with respect to the 167.7mm2m2 and 46.28m2 of the 2nd floor and the 2nd floor (hereinafter “instant real estate”) with respect to cocogma and the 167m2m2 and 46.28m2 of the 2nd floor owned by the Plaintiff.

(hereinafter “instant sales contract”). In selling and buying the real estate indicated below, a sales contract is concluded on the condition that the seller obtains permission for a sales contract in the future as follows as the buyer’s length of good faith by referring to “A” and referring to “B” and one other.

Article 1(Purpose)The purpose of this Agreement is to implement this Agreement in good faith with Gap and Eul so as to enable Eul to promote complex construction in urban areas by obtaining approval from the competent authority in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and the Special Act for the Promotion of Urban Renewal and by obtaining approval from the competent authority.

Article 2 (Indication of Subject Matter of Sale): Sale of the said real estate by Plaintiff 3 (Methods of Payment of Sale Price), Article 3 (Methods of Payment) of Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City, in the size of the building with the size of the J lot lot, which is a non-owner of the area of the building.

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