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(영문) 서울중앙지방법원 2015.04.30 2014가합23077
개발비등반환
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. From August 14, 2003 to July 23, 2006, the Plaintiff (Appointed Party; hereinafter the Plaintiff) and the Appointed Party B concluded a contract with the Defendant to purchase each land listed in the separate sheet No. 1 (hereinafter the “instant real estate”) with the purchase price listed in the separate sheet No. 1, respectively (hereinafter the “instant sales contract”).

B. The Plaintiff and the Appointed B paid the purchase price as shown in the separate sheet No. 2.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. In concluding the instant sales contract with the Defendant, the Plaintiff asserted to the effect that, while the Plaintiff entered into the instant sales contract with the Defendant, the Defendant would develop the instant real estate and take all measures so that the Plaintiff may divide the instant real estate, build pents and build electric-use houses, etc., and the Plaintiff agreed to pay the purchase price indicated in the separate sheet No. 2, including development expenses, to the Defendant, no measures have been taken up up until now, and thus, the Plaintiff seeks to return KRW 115,317,340 (i.e., KRW 11,283,80 paid by the Plaintiff (i.e., KRW 104,03,540 paid by

Only on the basis of the above facts and evidence Nos. 3 through 7, it is insufficient to recognize the fact that the Plaintiff and the Defendant developed the instant real estate and agreed to take all measures so that they can divide the instant real estate, or construct penture, electric power resource housing, etc., and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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