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(영문) 대전지방법원천안지원 2016.09.21 2015가단11348
부동산매매대금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. Land development agreement 1) The Defendant is C and D Co., Ltd. (hereinafter “D”) on July 19, 2012.

A) and 12 lots of land, including 12 square meters, E, 627 square meters, owned by the Defendant (hereinafter “each of the instant land”).

2) The agreement to develop a residential housing site and newly construct a building and distribute profits accruing from the sale of land and buildings (hereinafter “instant agreement”).

The instant arrangement entered into with the Defendant, C, and D’s Agreement (hereinafter “instant agreement”).

(2) On July 19, 2012, the Defendant signed or sealed the signature or seal with the entry of the land, stating that “I consent to the said use of the land, such as entry of the said land, due to all development activities, including civil engineering and creation works, in developing each of the instant land into a residential housing site.”

B. Pursuant to the instant agreement, C and D concluded a contract for civil engineering works and housing construction works (hereinafter “F”) are only deemed F Co., Ltd. on August 7, 2012 to develop each of the instant land as a residential housing site in accordance with the instant agreement.

In addition, the construction contract under which the construction work of each of the instant lands is awarded to F on August 7, 2012 after the date of commencement, and on January 30, 2013 after the date of completion (hereinafter “instant contract for construction work”).

(2) On October 15, 2012, the Defendant entered into a contract for the construction of the instant civil works and the construction work of constructing a detached house and multi-family house on each of the instant land at KRW 690,00,000 (excluding value-added tax), October 15, 2012, and January 30, 2013 as of the date of completion.

(hereinafter referred to as “instant housing construction contract”) C.

G Establishment and Contract Co., Ltd., Ltd., on August 13, 2012, for the purpose of real estate development business, real estate lease business, etc. (hereinafter “G”).

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