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(영문) 수원지방법원안양지원 2015.05.21 2013가합102591
매매대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 83,682,50, and KRW 71,682,500 among them, the Defendant (Counterclaim Defendant)’s KRW 83,682,50 on August 11, 2012.

Reasons

In fact, the conclusion of the sales contract between E and Defendant C entered into a sales contract with Defendant C on October 22, 201, with the content that the sale price is KRW 670,000,000 (the contract amount of KRW 50,000,000, the remainder of KRW 620,000,000) for the purchase price to Defendant C (hereinafter “instant sales contract”). The special agreement entered into a sales contract between E and Defendant C on October 2, 201, with the content that “(i) the land of the same area is divided into the road and three lots, and the seller shall prepare a re-contract in the name of KRW 3-4,00 (the down payment shall be refunded if the land was divided into the land and the land was performed). ② The seller agreed to consent to use the G status.

On October 23, 201, the following day after the conclusion of the instant sales contract, Defendant C remitted KRW 50,000,000 as the down payment stipulated in the instant sales contract to E.

On December 22, 2011, E, such as the division of the instant land and the consent to use, divided the instant land into three parcels of H 482 square meters (hereinafter “H parcel”), F 443 square meters (hereinafter “F parcel”) and I 412 square meters (hereinafter “I ”).

On the other hand, E and Defendant C agreed to the buyer of the above H parcel divided as Defendant D, who is the mother of Defendant C, to the buyer of the F parcel as Defendant B, and the buyer of the F parcel as Defendant B’s spouse. Accordingly, on December 2, 2011, E agreed to the buyer of the F parcel as Defendant B’s spouse, Defendant D, and Defendant B consented to the use of the F parcel as a site for construction on October 22, 201, with respect to the F parcel, and issued it to Defendant C.

Around December 26, 2011, Defendant C applied for a construction permit to newly construct each single house on the H parcel in the name of Defendant D, F parcel in the name of Defendant B, and I parcel in the name of J in the name of J, and Asan City Mayor.

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