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(영문) 의정부지방법원 2016.11.09 2015가단125067
협의취득대금
Text

1. The Defendant: KRW 8,132,828, and KRW 12,448,00 and each of the above KRW 12,48,00 for Plaintiff A and for Plaintiff B, C, and D.

Reasons

1. Basic facts

A. For the construction of apartment houses according to the housing site development plan, the Defendant acquired each land listed in the separate list owned by the Plaintiffs (hereinafter “each land of this case”) as listed in the following table, and completed the registration of ownership transfer by consultation.

Date of registration of land subject to acquisition by consultation;

1. A 1,296/4,596 shares in the land No. 1 of this case on December 6, 2006

2. B 1,100/4,596 shares in the land No. 1 of this case on December 6, 2006 1,100/4,596 shares in the land No. 2 of this case

C. 1,100/4,596 shares on December 6, 2006 among the land No. 2 of this case No. 1 of this case

4. 1,100/4,596 shares of 1,100/4,596 shares of the land No. 1 of D in this case on December 6, 2006

5. E The land No. 3 of this case on September 25, 2008

At the time, the Defendant: (a) concluded a sales contract with the Plaintiffs on the ground that the steel tower and transmission line are installed on each land of the instant case; (b) KRW 13,791,267 for the land of the instant case; (c) KRW 45,395,050 for the land of the instant case; and (d) KRW 12,48,00 for the land of the instant land of the instant case; and (c) concluded a sales contract with the Plaintiffs on the basis thereof; and (d) concluded a sales contract with the Plaintiffs that the seller and the purchaser may claim to the other party for the excessive or insufficient amount, and the buyer and the other party shall immediately pay or return the amount claimed by the other party (hereinafter “instant agreement”).

C. Meanwhile, with respect to the land of this case, the superficies of KRW 6,421,320 as to the land of this case, and superficies of KRW 18,784,560 as to the land of this case, were established in the future in the Korea Electric Power Corporation. However, each of the above superficies was cancelled on April 21, 2014, which was after the Defendant’s acquisition through consultation.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, and Eul evidence 1 to 4.

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