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(영문) 수원지방법원여주지원 2019.06.13 2017가단52691
토지인도
Text

1. The application for intervention by the defendant succeeding intervenor shall be dismissed;

2. The defendant is on each part of the annexed list (2) to the plaintiff.

Reasons

1. Basic facts

A. On April 14, 1992, the Plaintiff entered into a sales contract with D, stating that “the sale price shall be KRW 220 million,00,000,000,000,000,000 for the land before the instant partition, which is owned by the Plaintiff,” and that “the intermediate payment shall be KRW 100,000,000,000,000,000,000 for the contract at the time, the intermediate payment shall be paid within 30 days from the date the construction is permitted, and the remainder shall be paid preferentially from the funds disbursed as housing funds, and if the F employee’s house building permit on the instant land is not available, this contract shall be null and void” (hereinafter referred to as “instant sales contract”).

B. D paid each of the KRW 20 million to the Plaintiff on April 14, 1992, and KRW 5 million on September 2, 1992.

C. The land before the instant partition was divided into each land listed in the separate sheet on November 1, 1996 (hereinafter “each land of this case”) and Echeon-si G and H land. D.

On June 15, 2004, the Plaintiff drawn up and ordered D the following commitments (hereinafter “instant commitments”).

I have confirmed that the content of the copy of the instant sales contract with the Plaintiff attached thereto is valid, provided that:

1. The real estate trade balance shall be adjusted and paid;

2. The real estate sale price shall be set at the current market price rather than at the time of preparation of the attached sales contract, and shall be increased by 130 million won.

E. On July 9, 2008, D drafted a contract agreement with I Co., Ltd. (hereinafter “I”) and with respect to the construction work of J-Power Housing on the ground, including the instant land (hereinafter “instant construction work”), that I would receive a contract by determining the cost of KRW 780 million as the date of commencement of the construction period, the date of commencement of the construction period, and the date of completion as the “after-the-date agreement” (hereinafter “instant contract”). The Plaintiff entered the same as “A” in a copy of the said contract.

F. K, the representative director of I, K, the defendant on June 23, 2009, and the price for the instant construction project, including each of the instant land, is 705,000.

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