(영문) 서울중앙지방법원 2015.02.06 2011가단457634

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(영문) 서울중앙지방법원 2015.02.06 2011가단457634

약정금 등

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1. The part of the claim for partition of co-owned property shall be dismissed among the counter-claim of the defendant Lessee.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff owned 1,536 square meters in Jung-gu, Incheon (hereinafter “D”) and the Defendant owned 1,536 square meters in E amusement park (hereinafter “E”). The Plaintiff was designated as F on August 11, 2003 in the region including each of the above land.

B. Meanwhile, D land owned by the Plaintiff is located in a place where it can enter the road via H amusement park located in the vicinity, 562 square meters (hereinafter “H land”). The land owned by the Defendant is located in a location where it is possible to enter the road via D land owned by the Plaintiff and H land owned by the G, etc.

C. The Plaintiff and the Defendant: (a) newly constructed Class I neighborhood living facilities on each of the above lands before the land expropriation is performed; and (b) sought a building permit for the purpose of raising the land expropriation compensation by changing the land category from the “existing amusement park” to the “site” higher than its officially announced value; (c) but (d) sought a plan for securing the access road with the knowledge that the access road was not secured; (d) jointly purchased part of the H land owned by the Plaintiff in order to secure the common access road for the land D and E; and (e) to divide part of the D land owned by the Plaintiff into the road in order to secure the access road for the Defendant’s E-land; and (e) to change the land category into the road in order to secure the access road for the Defendant’s E-land, the Plaintiff and the Defendant agree as follows in relation to I land compensation and construction:

Paragraph 1: The plaintiff shall pay to the defendant, not later than August 13, 2008, KRW 124 million, which was already paid by the defendant, out of KRW 146 million of the purchase price of the land purchased from G from G, up to KRW 124 million, and the plaintiff shall own all rights and obligations, including ownership of the relevant land, together with 1/2 shares.

The payment of remaining 20 million won shall also be borne by 1/2.

Paragraph 2:

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