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(영문) 수원지방법원 2019.02.13 2016가합519
토지매매대금반환 및 손해배상
Text

1. The Defendants jointly and severally against the Intervenor A’s succeeding Intervenor B in KRW 1,587,49,800 and the Defendants’ assertion.

Reasons

1. Basic facts

A. The Defendant C, etc. purchased the instant land: (a) Defendant C (mutual name before the change: E), F (mutual name before the change) and H (mutual name before the change: G Co., Ltd.) Co., Ltd. (Defendant C Co., Ltd.) merged F and H on September 21, 2015; and (b) below all the above three companies are “Defendant Co., Ltd.”

) On March 15, 2010, the joint purchaser is a joint purchaser, and the JJ Co., Ltd. (hereinafter “J”) is a joint purchaser.

2) From the perspective of the Republic of Korea, K warehouse site 25,940.8 square meters (hereinafter “instant land before the instant partition”).

) Of the shares 17,454.8/25,940.8 (the Defendant Company purchased the shares of 17,454.8 square meters, the location and size of which were specified, among the land before the instant partition, but entered into a contract to purchase shares on the land before the instant partition as the sectionally owned shares were registered.

The part purchased by the Defendant Company was divided into 17,454.8 square meters of the K warehouse site in the Suwon-si District on April 28, 2014, and thus, the said share and the land after the division are all “the instant land”.

(2) The Defendant Company: (a) purchased the instant land at KRW 26.4 billion with the consent of J on November 4, 2010; (b) established the right to collateral, which is the maximum debt amount of KRW 14.16 billion; (c) Defendant Company; and (d) Defendant Company and the right to collateral security (hereinafter “L”) for the second intermediate payment of KRW 11.8 billion with the loan from L; and (c) paid part of the remainder of KRW 13.1 billion with the remainder.

B. On April 5, 2012, the Plaintiff and the Defendant Company’s instant contract 1) concluded that “the purchase of 200 square meters out of the instant land” by the Plaintiff as follows (hereinafter “instant contract”).

AB concluded the agreement.

Real estate sales contract;

1. Location 1: The total area of the instant land is 17,454 square meters (5,280 square meters).

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