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(영문) 의정부지방법원 2018.09.05 2017가합51808
기타(금전)
Text

1. The Defendants are the amount corresponding to each Defendant indicated in the attached Table 1’s Schedule to the Plaintiff and the attached Table 1 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff is the party concerned. The Plaintiff is a housing reconstruction project of the K-Japan, Nam-si, Namyang-si (hereinafter “instant project”).

(2) On June 7, 2010, Defendant C, H, and I, who died on January 7, 2010, succeeded to the net L with the inheritance shares of each of 1/3 of the following persons: (a) Defendant B, D, E, F, G, and Non-Party L (hereinafter referred to as the “Defendant, etc.”) are the Plaintiff’s members; and (b) Defendant C, H, and I, who were their children, succeeded to the net L with the inheritance shares of each of 1/3.

B. A management and disposal plan 1) On March 21, 2007, the Plaintiff received an authorization to implement the instant project from the Namyang-ju mayor. 2) On July 27, 2007, the Plaintiff publicly announced and notified the period for application for parcelling-out to the period from July 31, 2007 to August 30, 2007, and on August 29, 2007, the said period for application for parcelling-out was extended to September 9, 2007.

3) The Defendant, etc. filed an application for parcelling-out with the Plaintiff within the period for filing an application for parcelling-out. 4) On November 23, 2007, the Plaintiff, by holding an extraordinary general meeting, established a management and disposition plan with the content that sets the estimated expense rate of 97% after determining the total revenue, total project cost, and the appraised value of the previous land and buildings (hereinafter “instant management and disposition plan”). On December 31, 2007, the Plaintiff was authorized by the Namyang-ju Market.

C. On January 16, 2008, the Plaintiff announced its partners including the Defendant, etc. to conclude a sales contract in accordance with the instant management and disposal plan, and the Plaintiff and the Defendant, etc. to each of the following (hereinafter “each of the sales contracts in this case”).

(A) On January 17, 2008, the Plaintiff and Defendant B purchased M apartment (hereinafter “instant apartment”) N in Nam-si, which will be constructed through the instant project, and the charges to be paid by Defendant B are KRW 617,650,000.

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