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(영문) 서울동부지방법원 2020.08.21 2019가단160922
매매대금
Text

The defendant shall pay 50,00,000 won to the plaintiff and 12% per annum from November 21, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. Two persons, including D, E, F, G, H, I, J, K, L, M, N, andO, were divided into 678 square meters in P, Seongdong-gu Seoul Metropolitan Government (P on November 18, 2005, P, 660 square meters and Q, Q, 18 square meters; the combination of the above land after the division, referred to as “instant land”) and were residing in R on the same ground before the division, and agreed to undertake a reconstruction project that newly constructs one apartment unit and one commercial building on the instant land and 110 square meters in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant reconstruction project”).

(B) After that, the shares of the instant land were transferred several times, but the number of co-owned shares was maintained in 12 persons, but these together are 12 persons. (b)

On February 24, 200 for the instant reconstruction project, the 12 owner entered into and rescinded a contract for the construction work with T Co., Ltd. on May 25, 2001, and entered into a contract for construction work with U Co., Ltd. (the representative director was changed to V Co., Ltd.; hereinafter “V”) and the construction cost of KRW 1.79,465 million and the construction cost from June 10, 2001 to May 31, 2002. In lieu of the payment of the said construction cost, the 12 owner entered into a contract for construction work with four households (6th, 3rd, 5th, and 14th households of the building owner) from among the commercial buildings and the site constructed in lieu of the said payment of the construction cost, and the ownership of the 12 owner’s share in the construction cost to pay KRW 34 million per each household.

C. W was awarded a successful bid on June 24, 2002 for the instant land by M, and sold the said shares to X on August 20, 202.

On April 2005, the owner of the reconstruction project of this case was changed from M to X. D.

Of the 12 project owners, the rest of the project owners except Y out of the 12 project owners shall be from the 2nd to 5th floor in the direction of attending the site by drawing lots for apartment units to be completed as a result of the instant reconstruction project on May 20, 203 (hereinafter referred to as the “instant apartment units”).

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