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(영문) 서울고등법원 2017.08.31 2016나2086327
공동개발비용청구 및 손해배상
Text

1. Of the part of the first instance judgment’s counterclaim claim, the part against the Defendant (Counterclaim Plaintiff) that ordered payment below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 201, Defendant D and the Plaintiffs: (a) introduced 6,000 square meters out of 31,256 square meters of forestry and fields from Gyeonggi-gun, Gyeong-gun, an elementary school; (b) Defendant D, etc. confirmed their location through a temporary partition of the land before partition; and (c) on May 30, 201, 400 square meters of the land before subdivision with W Co., Ltd (hereinafter referred to as “W”), 250 square meters of land; (c) Defendant D, C, and 300 square meters of land; (d) Plaintiff D, 2,300 square meters of land; and (e) Plaintiff D, 2,000 square meters of land; and (e) Plaintiff D, 2,300 square meters of land; and (e) Plaintiff D, 3, 200 square meters of land divided into 2,200 square meters of forest and field; and (e) Plaintiff C, and H witness purchased part of the land before subdivision.

B) A. B. The sale price of the instant development site was determined as KRW 340,00 per deliberation, but the actual sale price for the Defendant D and C was determined as KRW 270,000 per deliberation at the time of the preparation of the instant sales contract after additional consultation between X, a witness X, who actually manages the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the transaction in this case (However, notwithstanding the sales contract, the company in charge X decided to KRW 270,00 per deliberation.

(c) The counterclaim Defendant: (a) KRW 20,000,000 per average trading price reduction for the purchaser, including the Plaintiff, etc. (the total of KRW 24,000,000,000 for each of the plaintiffs, and KRW 5,00,000,000 for each of the plaintiff, etc.).

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