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(영문) 서울중앙지방법원 2018.03.16 2016가단5027989
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 17, 2015, between Defendant D and E’s brokerage (hereinafter “the deceased”) and the deceased, the Plaintiff entered into a sales contract for the remainder of KRW 370 million (12 million on April 20, 2015, by paying the remainder of KRW 150 million on May 9, 2015, with the remainder of KRW 270 million on the date of entering into the contract, and by paying the remainder of KRW 150 million on April 20, 2015, the remainder of KRW 150 million on the remainder of KRW 270,000,000,000,000 to the remainder of the sales contract (hereinafter “the remainder”).

(Then, the Plaintiff completed the registration of ownership transfer based on the said sale in the name of the Plaintiff on May 11, 2015, on the instant real estate.

B. In the instant sales contract (No. 3), “109 square meters” is indicated as a site indication among the real estate subject to sale, and the real estate register and land cadastre concerning the instant land are indicated as “109 square meters”.

C. On November 13, 1975, the land of this case was designated as J Housing Improvement Redevelopment Project District, and on October 9, 1995, the management and disposal plan of the said redevelopment project (hereinafter “instant redevelopment project”) was publicly announced.

Pursuant to the above management and disposal plan, the land of this case is designated as a land substitution area with a right area of 97.7 square meters, a land substitution area of 101 square meters, and an excessive area of 3.3 square meters

hereinafter referred to as "designation of reserved land for replotting" in this case

D. The above redevelopment project was conducted by 50%.

The Deceased died on May 14, 2016, while the instant lawsuit was pending, and Defendant C, F, G, and H, a co-inheritors of the Deceased, were the instant case.

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