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(영문) 수원지방법원 2015.02.06 2012가합16202 (1)
정산금
Text

1. The Defendant’s KRW 275,249,528 among the Plaintiff and KRW 101,00,000 among the Plaintiff, shall be from August 31, 2012, and KRW 174,249,528.

Reasons

1. Facts of recognition;

A. On October 13, 2005, the Defendant: (a) around early 2002: (b) was divided into: (c) 20 square meters; (d) 119 square meters; (d) 119 square meters; (e) F 397 square meters; (c) G 327 square meters; (d) H 159 square meters; (e) 1,131 square meters; (e) 927 square meters; and (e) 204 square meters; (e) around October 13, 2005;

J around August 3, 2005, the field was divided into J 98 square meters, M 291 square meters, around August 3, 2005;

B around May 9, 2007, K 1,260 square meters and divided into 535 square meters and P 725 square meters.

(2) The instant trade agreement was concluded to resell the said land in the name of the Defendant and to reflect the gains from the sale of the land (hereinafter “instant trade agreement”).

B. The defendant was awarded a successful bid for the instant land in the auction procedure of Liquefied Real Estate in this court and completed the registration of ownership transfer around October 30, 2002.

C. On the other hand, around September 28, 2005, the Defendant sold to Nonparty N 570,000 square meters of the instant land, i.e., 927 square meters, J 98 square meters, and M 291 square meters of land among the instant land, for KRW 570,00,000.

On June 2, 2010, the Korea Land and Housing Corporation expropriateds the land remaining after selling N in the instant land at KRW 1,354,417,850. Accordingly, the Defendant filed a lawsuit against the Korea Land and Housing Corporation (No. 2011Guhap403) on November 16, 2011 against the Korea Land and Housing Corporation and received a judgment from this court that “the Korea Land and Housing Corporation shall pay compensation for losses and delay damages to the Defendant at KRW 31,780,050,” and the said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 6 (including each number; hereinafter the same shall apply), witness Q testimony, fact inquiry results against the Korea Land and Housing Corporation of this court, the original and the defendant's personal inquiry results, the purport of the whole pleadings

2. The parties' assertion

A. In order to pay the successful bid price for the instant land, the Defendant and C received a loan from the constituent agricultural cooperatives as security, and the loan interest rate was borne by the lender in half.

However, it is no longer difficult for C to pay the interest on the loan due to the economic situation.

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