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(영문) 서울중앙지방법원 2014.09.25 2014가합24988
매매대금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On February 24, 2011, the Defendant: (a) designated a Bogeumjari Housing Zone (hereinafter “instant Housing Zone”) in Seocho-gu Seoul Metropolitan Government D D, as a public notice of the Ministry of Land, Transport and Maritime Affairs on February 24, 201; and (b) promoted the implementation of the project for the development of Bogeumjari Housing; (c) the Plaintiff and the designated parties (excluding the appointed parties B; hereinafter the same shall apply) were the owners of the land in the instant Housing Zone; (d) the Defendant, who sold each of the land owned to the Defendant, agreed to be specially sold the E- Zone Housing Units to

B. From December 201 to February 2012, the Defendant purchased each of the land owned within the instant housing zone from the Plaintiff and the designated parties, and established relocation measures to select land owners, including the Plaintiff and the designated parties, as the person subject to relocation measures, to preferentially sell one unit of the instant apartment unit to the person subject to relocation measures.

C. On February 1, 2013, the Defendant publicly announced against the person subject to the relocation measures for the instant apartment, that he/she applied for an application for an exclusive use area of 59 square meters, 84 square meters, 101 square meters, and 114 square meters among the 114 square meters, and the Plaintiff and the designated parties wished to apply for an application for an application for an apartment of the instant ordinary apartment as indicated in the attached Table.

On March 5, 2013, the Defendant publicly announced the results of the allocation of a complex and the expansion of balcony by drawing lots according to the application for subscription, and the Plaintiff and the designated parties made this offer with respect to 101 square meters or 114 square meters, as desired.

E. On July 30, 2013 and October 1, 2013, the Defendant opened the sale price for each complex to the public, and the sale price to be paid by the Plaintiff and the designated parties by offsetting or directly paying the land sale price claim within a housing zone is as stated in the attached Table sale price column.

2. The plaintiff's assertion

A. The Defendant’s claim for damages due to nonperformance or tort was made public.

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