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(영문) 청주지방법원 2014.12.17 2014가단13242
사기성 과징금에 대한 손해배상
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On December 16, 1993, Defendant Korea Land and Housing Corporation was designated as a project implementer of the D Development Project and implemented the Project.

On June 8, 1998, the Plaintiff, who worked in the branch office of the Defendant Korea Land and Housing Corporation at the time, entered into a contract for the sale of the land (hereinafter “instant contract”) with the Defendant Korea Land and Housing Corporation, setting the sales price as KRW 44,956,00 with respect to the E-Gun, Chungcheongbuk-gun, a single house construction site in D (the parcel number and size of the said land was determined as KRW 356.0 square meters; hereinafter “instant land”).

Article 4 (Area Adjustment) (1) Where a site entered into a contract with a provisionally partitioned area before completion of a creation project and there is an increase or decrease in the scale of the cadastral record as a result of adjustment after completion of a creation project, the settlement shall be made with regard to such increase or decrease by parcel at the

(2) The defendant Korea Land and Housing Corporation shall notify the plaintiff of the results of finalized surveys, details of settlement, and methods of paying settlement payments after completion of the development project.

In such cases, the defendant Korean Land and Housing Corporation may receive an increase or decrease in the intermediate payment or any balance, the payment agreement date of which arrives after the settlement date, or may substitute the return.

Article 6 (Transfer of Ownership) (1) The defendant Korea Land and Housing Corporation shall transfer the ownership of the objective site after the plaintiff paid in full.

Provided, That where the land for the purpose is supplied before the completion of a development project, the ownership shall be transferred after completing the completion of the development project, the completion of the cadastral record and the arrangement of the register of registration, and in such cases, the defendant Korean Land and Housing Corporation shall faithfully implement the completion of the

② The Defendant Korea Land and Housing Corporation shall provide the Plaintiff with necessary documents for the registration of ownership transfer.

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