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(영문) 서울고등법원 2017.10.19 2016나2009214
정산금
Text

1. The part between the Plaintiff and the Defendants in the judgment of the first instance, including the claim extended and reduced in the trial.

Reasons

1. Facts of recognition;

A. The parties concerned and the Defendants are the shareholders of D who operate H “H” golf course (hereinafter “instant golf course”) within the G G G in Macheon-si, and they are the co-Plaintiffs of the first instance court (hereinafter omitted) and A and B. The Plaintiff’s husband and wife.

B. Each land listed in the separate sheet (hereinafter referred to as “each land of this case”) is specified as “the instant land” in the title of the Plaintiff and his family members, and, individually, as “the instant land” in the sequence of title.

2) As of January 6, 2010, the Plaintiff paid KRW 4,5,6 land, KRW 425,40,00,00 equivalent to the purchase price of the instant land, KRW 425,40,00, and KRW 687,300,00 as of May 7, 2010, the Plaintiff paid KRW 1,2,333 land in the name of the Plaintiff, and KRW 1,2,30,00 as of May 7, 2010, each of the transfer registration under the name of the Plaintiff and KRW 1,2,30,00.

C. Around March 2011, the Plaintiff and the Defendants agreed with respect to the land not incorporated into the instant golf course site, including each of the instant land, as follows.

(hereinafter “instant agreement”). Of the land purchased for the construction of the instant golf course implemented by D, the Plaintiff, Defendant F, and Defendant E agree with respect to the rights and duties that may be incurred in the future on the land (attached Table) owned for the additional project not incorporated into the site of the instant golf course, not on the land for the instant golf course, as follows:

- - Sound

1. As of April 1, 201, the instant golf course business site and personal land owned by the Defendant F as of April 1, 201 are as shown in the attached Table ① 13,640 square meters (amounting to 770,400,000) per Defendant F, as of April 1, 201.

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