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(영문) 대구고등법원 2017.06.14 2016나23886
약정금 등 반환
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The status of the parties and the plaintiff of the factory site development project is the representative director who operates the corporation E (hereinafter referred to as "E"), and the defendant is the person who actually operates C (the company established for the purpose of real estate lease and development business) and F is the person who actually operates G (hereinafter referred to as "G").

Defendant and F, on February 2012, according to F’s proposal, the Defendant and F promoted a project to develop H-Japanese land as a factory site (hereinafter “instant project”).

A person who acquires a factory site developed and developed by the instant project or a corporation is the Plaintiff, C, G, R (Operation of the S company), T (Operation of the U company), and V (W Company Operation).

On the other hand, AM (Operation of AL company) sought to acquire the above factory site and participated in the initial period of the project, but it was coming from the project around June 2012.

On March 13, 2012, F used the buyer’s name as “non-F three persons” and concluded a sales contract with I to purchase KRW 249,00,000 in a purchase price of approximately KRW 3,614 square meters in the north-west forest 4,494 square meters in Haju-si, and ② from J to purchase KRW 300,000 in the purchase price of KRW 1,726 square meters in Haju-si.

On April 17, 2012, the Plaintiff: (a) purchased the purchase price of KRW 12,579 square meters for “1,636,00,000 in Sinju-si” between L and M; (b) concluded a sales contract with the Plaintiff to pay KRW 160,00,000 on the date of the contract; (c) the remainder amount of KRW 1,476,00,000 on the date of the contract; and (d) when the forest area changes, the Plaintiff concluded a sales contract with the intent to make a lump sum settlement at the time of the payment of the remainder.

As the area of forest land which is the object of the sales contract on April 17, 2012 increased, the Plaintiff changed the above sales contract between L and M and drafted a sales contract again, and settled the subject matter after the final determination of change of change of the N14,377 square meters at L and M at L and also at L and M.

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