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(영문) 인천지방법원 2017.12.14 2016가합1515
기타(금전)
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. For the purpose of newly constructing a multi-household, the Plaintiff purchased approximately 139 square meters (hereinafter “third land”) around September 1, 199 and completed the registration of co-ownership on October 1, 199 in the name other than E, and completed the registration of co-ownership on October 1, 199. Around January 2001, purchased a FF large scale 156 square meters (hereinafter “second land”) and completed the registration of co-ownership in the name other than G and seven names, and purchased a H large scale 140 square meters (hereinafter “first land”) and completed the sole registration under I’s name.

B. After that, the Plaintiff commenced a new construction of multi-household housing by land with a building permit that had the nominal owner of each of the above lands as the owner (hereinafter “new construction works in this case”), but the Plaintiff won each of the above lands to third parties (land J, land J, land K, land C, and land L, etc.) prior to the completion of the new construction works, and each of the above lands was awarded to the said third parties (land J, land J, land K, and land C, etc.).

C. Accordingly, the Plaintiff decided to re-purchase each of the above lands in consultation with the above successful bidder, and prepared a sales contract with the seller as the above successful bidder and the purchaser as the Plaintiff or M, respectively, but did not complete the registration in the name of the Plaintiff or M as to each of the above lands.

On the other hand, on April 28, 2009, the Plaintiff at issue, such as the shortage of funds in the above series of processes, decided to sell to Defendant B the housing with the completion of the first and the ground to KRW 250 million, and entered into a sales contract with Defendant B with a special agreement stipulating the following:

(hereinafter referred to as “the first sale contract”).

1. Any right of retention for construction works shall be held liable by the seller, shall be in the present state of construction works, and shall be held liable by the seller for all civil and criminal responsibilities when a dispute arises due to the right of retention.

2.Any balance of the above payments shall be paid after the change of name of the owner.

3. 102,00,000 out of the purchase price shall be paid as land price. Gold million Won.

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