logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.06.08 2016가합101205
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On December 5, 2005, the Plaintiff purchased KRW 742 square meters of B forest land (hereinafter “instant land”) from the Defendant, a company engaged in real estate sales business, etc. in the amount of KRW 330 million.

(hereinafter referred to as “the instant special agreement”). The instant special agreement provides that “the seller shall construct the civil engineering works on the land under the contract to the seller as capital (not later than July 30, 2006). The buyer shall prepare a written consent to use the land in accordance with the plan developed by the seller on the part of the seller (not later than July 30, 2006) and written the written consent to use the land (the foregoing special agreement is referred to as “the instant special agreement” and the Defendant’s obligation based thereon is referred to as “the obligation to perform civil construction works.”

The Plaintiff, upon fulfilling the obligations of the parties under a sales contract, completed the registration of ownership transfer for the instant land by the Daejeon District Court of Daejeon on December 30, 2005, No. 53257, which was received on December 30, 2005, and paid the full purchase price to the Defendant around that time.

On November 6, 2015, C Co., Ltd. in receipt of compensation plans for the instant land, etc. and the Plaintiff’s payment of compensation plans are expected to be incorporated into E and F construction projects and to proceed with expropriation compensation procedures in accordance with relevant Acts and subordinate statutes. As such, the owners and interested parties, including the Plaintiff, etc. of the said land, including the Plaintiff, were allowed to peruse the compensation plan and file an objection within the period of time and, in the absence of objection, they announced “public announcement and notice of inspection of the compensation plan” to the effect that compensation is paid according to the relevant procedures.

Meanwhile, around March 2017, the Plaintiff received KRW 120 million as compensation for the instant land from the said C Co., Ltd., and around that time, the Plaintiff did not perform civil engineering works on the instant land.

arrow