logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2012.07.25 2012나21357
약정금
Text

1. The judgment of the first instance court is based on the plaintiffs' application for extension of the purport of the claim and succession participation.

Reasons

1. Determination on the claims of the plaintiffs and the successor intervenors

A. (1) The defendant is an unincorporated association consisting of residents in the G settlement villages located in Goyang-gu, Manyang-si.

(2) From the Defendant’s standing adviser, around March 2003, the Plaintiff purchased KRW 2,625 square meters in total, KRW 4,946 square meters in total, KRW 2.5 billion in each square year, for a total of KRW 2.5 billion, from the Defendant’s standing adviser; Plaintiff A purchased KRW 539 square meters in JJ before February 2004 and KRW 1,170 square meters in total, KRW 3.5 million in each square year (hereinafter “instant land 1”). Plaintiff B purchased KRW 3.5 million in total, for a total of KRW 1.23 billion in each square year.

Plaintiff

B From March 8, 2003 to December 31, 2003, Plaintiff B paid each purchase price from February 26, 2004 to June 28, 2004.

(3) At the time of each purchase and sale, C agreed that each of the land in this case as the land of this case would be the land substitution cycle if the land substitution commences after the completion of an urban development project for the plaintiffs.

(4) However, it became impossible for the Plaintiffs to substitute each of the instant land into commercial land due to the change of commercial land to the main complex site for replotting.

As to the land of this case among the land of this case No. 1 on April 12, 2007 between the Plaintiff and the Plaintiff, the Plaintiff sold each of the instant land at KRW 6.7 million per square meter, and as to the land of this case on April 10, 2007 between Plaintiff B and Plaintiff B, the transfer income tax on the purchase price of KRW 3,00,000 per square meter shall be imposed on the land of this case on April 10, 207, and the transfer income tax on the purchase price of this case on the purchase price of this case shall be imposed on the Plaintiffs who agreed to assume the responsibility of the Plaintiffs (hereinafter “the instant agreement”), and on the Plaintiffs, a letter of performance signed and issued C’s seal imprint affixed on the name of “E farm Standing C” on the name of the Plaintiff.

(5) The plaintiffs belong to the defendant designated by C around April 2007.

arrow