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(영문) 의정부지방법원 2016.05.19 2015가합3652
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Presumed factual basis

A. The Defendants are co-owners holding one-half shares of each of the following lands, which are the remaining co-owners.

1) The “F land” is 602 square meters in Namyang-si, Namyang-si.

(2) 2) 1,794 square meters (hereinafter “H land”) prior to G (hereinafter “G land”) 3) H prior to H (hereinafter “H land”).

(4) 5) J Forest land 25,476 square meters (hereinafter “J land before subdivision”) of I Forest land 9,497 square meters (hereinafter “I land”) 5) J forest 25,476 square meters (hereinafter “J land before subdivision”);

Division into 12,965 square meters of J-forest (hereinafter “J-land after division”) and 12,511 square meters of K-forest (hereinafter “instant land”) on October 16, 2014.

B. The Defendants, as long as the size of the above land is so large that it is not easy for them to sell, sell in installments, and secure roads leading to the public road in the portion of the land to be the franchise due to the division, and, on behalf of the Defendants residing in the United States, L, a mother, was carrying out a sales contract.

C. On May 27, 2014, the Defendants: (a) determined that the purchase price of the F land is KRW 2 billion (50 million per square meter per square meter); (b) KRW 50 million in the intermediate payment; (c) KRW 200 million in the intermediate payment is KRW 311 square meters; (d) KRW 12,344 square meters in the J land before subdivision; and (e) KRW 13,223.6 square meters in the aggregate of road shares (e.g., approximately 5,223 square meters in the form of land; and (e) KRW 200 million in the form of a contract; and (e) KRW 200 million in the form of a contract; and (e) KRW 40 million in the form of an intermediate payment was amended to KRW 300 million in the form of a real estate sales contract (hereinafter “instant land”); (e.g., KRW 75,000,000 in the form of land to be paid on September 24, 2014.

In this regard, the Defendants issued the seals, etc. of the Defendants to M by stating that “the Plaintiff shall divide the subject matter of the instant sales contract into two sales contracts, thereby changing the form of a sales contract.”

However, there is a problem.

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