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(영문) 광주고등법원(전주) 2015.08.20 2014나746
매매대금반환
Text

1. The appeal by the Plaintiff (Counterclaim Defendant) and the primary claim for the principal lawsuit expanded from the trial, and the preliminary claims added at the trial.

Reasons

1. Facts of recognition;

A. On December 12, 2008, the Jeonju Mayor announced the designation and development plan of an urban development zone for the Jeonju Urban Development Project (hereinafter “instant urban development project”) under the method of expropriation or use under the Urban Development Act with respect to the project operator with respect to 1,375,200 square meters in Seo-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “O”) E, Seoul Special Metropolitan City (hereinafter “O”), the Korea National Housing Corporation (hereinafter “Korea Land and Housing Corporation”), the project implementation period from December 12, 2008 to December 31, 2014, and the project implementation period from December 31, 2014. Accordingly, according to this, L 1,396 square meters (hereinafter “L”) and M 330 square meters (hereinafter “M land”), each of the above land was included in the entire list of land subject to urban development projects.

B. Defendant B, C, and C are married couple, and Defendant C and D are licensed real estate agents engaged in the real estate brokerage business. The Defendants completed the registration of ownership transfer in Defendant D’s name as to shares of 1/4 shares among each of the instant lands on February 9, 201, as to the real estate auction procedure initiated by the Jeonju District Court G on January 31, 201, when the appraised value of each of the instant lands was less than KRW 193,160,000 (= KRW 39,600,000 for L land of KRW 153,560,000 for each of the instant lands) (i.e., KRW 185,280,000 for each of the instant lands).

The purchase price of real estate is KRW 469,000,000,000 (Won 469,000,000), the down payment of KRW 60,000 (Won 60,000,000) on July 25, 2012, the intermediate payment of KRW 300,000 (Won 300,000,000) on August 9, 2012, the remainder payment of KRW 10,00,000 (Won 109,00,000) on February 15, 2013, the Plaintiff shall pay the purchase price as follows in the sale of the instant land.

Article 3 The delivery of the instant land shall be February 15, 2013.

Article 5 The Defendants shall submit all documents necessary for ownership (registration) to the Plaintiff when they receive any balance.

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