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(영문) 수원지방법원 2015.11.19 2014나49514
건물철거등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On February 2, 2012, the Plaintiff and C Co., Ltd., the Defendant’s representative, signed an agreement (hereinafter “the first agreement”) on the content that the said company would receive KRW 900 million for the sale price of the land (hereinafter “the land price, land category, and area”) among the Plaintiff and C Co., Ltd., the Defendant, as the representative, would be 2,39m2, E prior to E, 529m2, and F, 413m2 (hereinafter “land”).

B. On April 25, 2012, the Plaintiff entered into an agreement with the Defendant on April 25, 2012 that KRW 272 million out of the land price of KRW 900 million under the first agreement (including real estate loans of KRW 230 million, KRW 12 million, civil engineering design cost, KRW 30 million, and KRW 30 million) and the remainder remains 628 million. From April 25, 2012, the Plaintiff entered into the agreement with the Defendant that the Defendant is liable for the loan interest and loan construction cost (hereinafter “the second agreement”).

C. On August 1, 2012, D forest land was subject to registration conversion into 2,476 square meters of G forest land. On August 20, 2012, G forest land was divided into 678 square meters, 558 square meters of H forest land, 81 square meters of J forest land, 173 square meters of J forest, 69 square meters of K forest, 9 square meters of L forest, 249 square meters of M forest, and 413 square meters of F field was divided into 319 square meters of forest land and 94 square meters of N forest, respectively.

(hereinafter referred to as “each of the instant lands” in total, including the aforementioned divided land and E, 529 square meters.

On December 24, 2013, the Plaintiff and the Defendant enter into a third agreement on the implementation of the sales contract for each of the instant land (hereinafter referred to as “third agreement”), and the said part of the sales contract for the said land is referred to as “the instant sales contract.”

and the principal contents are as follows:

1. On April 25, 2012, the Plaintiff and the Defendant concluded a sales contract with respect to each of the instant land for KRW 900 million.

2. The payment was agreed upon by the Defendant as the date of authorization, permission, and completion of new construction of loans.

3. However, the circumstances of the project did not undergo a completion inspection until December 21, 2013, due to the reasons for the project.

4. After concluding a trade contract, the Defendant succeeds to bank loans and succeeds to the Plaintiff.

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