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1. Defendant C’s KRW 90,000,000 to the Plaintiffs and 5% per annum from June 15, 2017 to May 31, 2018.
Reasons
Basic Facts
The parties to the dispute purchased the land of Pyeongtaek-gun F and 50,000 square meters, and operated the construction business.
Defendant C and Defendant E are married couple, and Defendant D are children of Defendant C and E.
Defendant E and D are the owners of Pyeongtaek-gun G (hereinafter “instant land”) and H (hereinafter “instant land”) and I (hereinafter “C”). Defendant E and D are the owners of the instant land No. 2 and land No. 3.
Plaintiff
On August 29, 2009, the first agreement between A and Defendant E accepted the Plaintiff’s use of the instant Nos. 2 and 3 land as a road on the condition that the Plaintiff performed civil and construction works on the ground of the instant land on a free basis, and that Defendant E agreed to establish a servitude.
(A) At the time of the above agreement, Defendant C was an agent for Defendant E). Construction of a building on the ground of the instant land No. 1 (hereinafter referred to as “instant building”) was completed on February 17, 201, and registration of ownership preservation was completed on February 17, 201, and thereafter registration of ownership transfer was completed in Defendant D.
Plaintiff
Title A, including the preparation of the first written agreement between A and the defendant C: F. F. A's consent to the use of approximately 50,000 square meters of access roads
2. Defendant C shall agree to consent the Plaintiff to use the land as agreed upon from the date of agreement to the date of agreement.
3. The Plaintiff A entered into an agreement with Defendant C to pay additional KRW 100,000,00 for land compensation after the offset of civil works and construction cost of newly-built house as compensation for land use.
4. The plaintiff A pays 100 million won additional land compensation to defendant C as follows:
The contract deposit shall be paid in the amount of KRW 4 million at the same time as the contract deposit, out of KRW 10 million.
The second 6 million won shall be paid by February 28, 2013, and the third 20 million won shall be paid by August 31, 2013, and the fourth 70 million won shall be paid by August 31, 2013, and the fourth 70 million won shall be paid by December 31, 2013, and the fourth 70 million won may be paid by substitution with land in consultation with Defendant C.
5. The above agreement shall be made.