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(영문) 서울동부지방법원 2018.12.14 2017가합2395
부동산매매대금반환 등
Text

1. The Defendants jointly committed against the Plaintiff in relation to KRW 744,026,228, and KRW 716,758,396, as to the Plaintiff, Defendant A shall be on February 1, 2018.

Reasons

1. Basic facts

A. Defendant B’s address around October 4, 1984 at the time when Defendant B, who was living in Hori for a long time in Yangyang-si, acquired the ownership of the land listed in [Attachment List No. 3], was F at the time of Yangyang-si, and at the time when Defendant B’s registration of the establishment of a neighboring mortgage on the said land was completed on March 30, 2012, the address of Defendant B was also G (i.e., at H Eup around 1986) in Namyang-si (i.e., at H Eup around 1986).

Ro, each land listed in the separate sheet (hereinafter referred to as “instant land”) is the owner of each land.

Defendant A, from around 2011 to Defendant B, promoted the business of building and selling the house on the instant land along with Defendant B (hereinafter “Prior Development Project”). However, the project was discontinued without any doubt, and the sale of the instant land was promoted.

B. Defendant A introduced the instant land to D who was aware of the site for a real estate development project for the Plaintiff, explained the project that could be implemented on the instant land, and provided the Plaintiff with the aforementioned explanation, and proposed the purchase of the instant land.

Defendant A, along with the Plaintiff and D on October 2014, appears to mean the type of housing in which at least two households live in a parcel of E-house, together with the Plaintiff and D.

However, it is said that it is possible to construct the housing of 32 households on the instant land if the construction was conducted in the same form, while preparing a business plan for electric power resource housing (Evidence A6; hereinafter “instant business plan”) to the Plaintiff. However, the main contents stated in the said business plan are as follows:

The outline area of 8,723.78 square meters: The design plan of 2,495.00 square meters (production control area): the 24 square meters of land: 32 households.

1. Revenue 32 households ¡¿ 250,000 won = 8,000,000 won;

2. Expenditure 1) Land costs: 72,00,000 won (1.5 billion won x 4.8%) brokerage fees: 30,000,000 won (1.5 billion won x 2%) construction costs: 2,99,80,000 won for civil works (Suspension of sites) 1,920 x 1,920 x 1.20

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