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(영문) 인천지방법원 2018.03.30 2017가합54554
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The basic facts

On March 201, 201, upon the initiative of the Plaintiff, C, the Plaintiff (hereinafter “seven persons, such as D”) purchased the 2,493 square meters of Pyeongtaek-si LA owned by K (the lot number before the division was recorded; hereinafter “instant land before the division”) and decided to newly build and sell multi-family houses on the ground (hereinafter “instant project”).

B. On March 28, 201, 7, including D, purchased the land prior to the instant subdivision in KRW 731,380,000, and KRW 50,000,000, out of the down payment of KRW 100,000,000, the remainder of KRW 50,000 on the date of the contract, the remainder of KRW 50,000,000, respectively, shall be paid until April 11, 2011, and the remainder of KRW 631,380,00,00, paid by May 27, 201, however, the sales contract was concluded between K and K, but only the down payment of KRW 80,00,00 on the date of the contract became delayed.

C. On January 1, 2012, the Defendant concluded a sales contract with the N andO stating that “The land before the instant subdivision is purchased in KRW 761,380,000, and the down payment of KRW 80,000 shall be paid on the date of the contract, and the balance of KRW 681,380,000 shall be paid on January 12, 2012,” among the N andO.

① Following the instant partition, the ownership transfer registration (the share ratio: Defendant 1,784.86/2,493; N3.54/2,493;O 354.6/2,493; and O 354.6/2,493) was completed with respect to the land before the instant partition. ② The land before the instant partition is once again divided is about 330 square meters of Pyeongtaek-si L/C (hereinafter “instant land”) on January 27, 2012, P 329 square meters of land (hereinafter “instant two land”); Q 333 square meters of forest land (hereinafter “instant three land”); Q 334 square meters of forest land (hereinafter “instant land”); 328 square meters of forest land (hereinafter “instant 4”); 328 square meters of forest land (hereinafter “the instant forest land”); 329 square meters of forest land (hereinafter “the instant forest land”); and 370 square meters of forest land (hereinafter “the instant forest land”).

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