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대전지방법원 2017.06.01 2016나109084
부동산매매대금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On July 19, 2012, the Defendant entered into an agreement between the Defendant and C, etc. to develop each of the instant land as a residential site and distribute profits accrued from the sale of the land and the building (hereinafter “the instant first development agreement”) by developing each of the instant real estate listed in the separate sheet, such as the ASEAN U (hereinafter “U”) and 627 square meters owned by the Defendant (hereinafter “U”) as a residential site (hereinafter “each of the instant land”). The main contents are as follows.

In developing each land of this case as a residential site, the defendant of the landowner Gap, C and D, who are delegated to develop and sell the land, refers to the defendant of the landowner Eul, and shall be determined as follows:

The purchase price of land shall be calculated as KRW 3,700,000 ( KRW 3,700,000), and the payment of the purchase price shall be made in the order of priority through the sale and purchase of lots.

B. The initial funds required for all kinds of authorization and permission costs, design costs, removal and civil engineering works shall be loaned and approved by A as a security by providing the above land to cover KRW 300,000,000, and the debtor shall name B.

(c)the repayment of a loan shall be made in the redemption key after full payment of the price of the land under the responsibility of B;

Two parcels of 723 square meters (218 square meters) and 737 square meters (223 square meters) adjacent to the existing studio of L shall be provided to A after completion of civil works, and shall be excluded from the area subject to civil works, and the costs of civil works of the said two parcels shall be paid to B at the cost of the construction cost.

(e) The name of permission for conversion shall be A;

(f) A shall provide B with land use and other necessary documents so that all kinds of authorization and permission, civil engineering and construction activities may be performed smoothly.

G. The transfer income tax generated from the sale and purchase of each of the instant lands is not responsible for Party A, and the tax on the benefit portion is responsible for Party B.

(h) This Arrangement shall enter into force after the date of gold, and shall be removed after obtaining authorization and permission at the prompt date; and