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(영문) 대전지방법원 2015.11.25 2014가합5917
약정금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or each of the following facts can be acknowledged by Gap's evidence 1 to 14, Gap's evidence 1 to 16, Eul's evidence 2 to 5, 7, 11, 12, 13, 16, 17, 18 (including each number; hereinafter the same shall apply), witness V, W, X's testimony, and the whole purport of the arguments and arguments against the Korea Land and Housing Corporation.

On May 25, 2010, the Korea Land and Housing Corporation published a public announcement on the supply of living countermeasure sites to the original residents of the project district for the Z housing site development project, which was implemented in Daejeon Seo-gu, Daejeon, and prior to the said public announcement, AA, a representative of V, entered into an agreement to delegate the land development to AA, a corporation, with respect to the living countermeasure sites to be supplied by the original residents of the project district, who could have been supplied with the above living countermeasure site.

B. On July 30, 2010, AB commercial association 1 composed of those who will be supplied with the above living countermeasure site and those who have been transferred the pertinent right from such persons entered into a sales contract with the Korea Land and Housing Corporation to purchase a lot number of 1,465m2 (a lot number AD before the change; hereinafter “AC land”) in Daejeon-gu AC large 1,465m2 (a lot number AD before the change; hereinafter “AC land”), and entered into a sales contract with the Korea Land and Housing Corporation on the same day between AB commercial association and the two Korea Land and Housing Corporation on the same day.

(hereinafter referred to as “each of the instant lands” in total of the above AE lands.

Since then, on August 10, 2010, the above AB Commercial Association 1 and AB Commercial Association 2 entered into a contract for succession of rights and obligations with AB Commercial Association (hereinafter referred to as "the instant trade association") and succeeded to all rights and obligations of the instant land according to the sales contract of each of the instant trade associations, respectively.

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