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(영문) 수원지방법원 2015.11.05 2014가합73360
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 28, 2014, the Plaintiff, C, and seven other persons (hereinafter “Plaintiffs, etc.”) were divided into D clans (hereinafter “instant clans”) and D, the Plaintiff, etc., into the land before the instant clan was divided into the land before the instant clan was divided into the land before the land was divided into the land before the land was divided into the Plaintiff, etc. into the land before the land was divided into the land before the land was divided into the land of the Young-gu, Young-gu, Young-gu, the Seoul Special Metropolitan City and the land of which was divided into 14,061 square meters and the

(hereinafter “instant land before the instant partition”) concluded a pre-sale promise with a content to purchase KRW 13.9 billion.

(hereinafter “instant trade reservation.” In the said trade reservation, the Plaintiff et al. paid to the instant clan a sum of KRW 150 million and expenses for authorization and permission related to the development of the land before the instant subdivision.

B. The Plaintiff paid the agreed amount of KRW 150 million to the clan of this case and the authorization and permission cost, etc. in accordance with the instant trade reservation.

C. On July 11, 2014, F of the Plaintiff’s representative director: (a) written a letter of non-performance (No. 6-1, hereinafter “instant letter of non-performance”) with respect to the development of the land before the instant subdivision, as follows:

failure to carry out the project name: Yeongdeungpo-gu, Young-gu E (bast)

2. Of the land before the instant partition, the amount of KRW 11,568.76 square meters (3,500 square meters) on the temporary partition map is calculated as KRW 1,050,000 per square meter, and the land security loan (1.7,500,000 won per square meter) was received in F’s name and paid KRW 3.675,000,000 for the said land price, and at the same time, the change of the person who obtained permission for authorization, such as each development act, and the transfer of ownership to F and G (or F).

F, C

D. On August 22, 2014, the instant clan and the Defendant sold the land before the instant subdivision and H 660 square meters (hereinafter collectively referred to as “each land of this case”) to KRW 13 billion. However, on September 2, 2014, the instant clan entered into a sales contract with the Defendant and the Defendant to pay the remainder of KRW 4 billion upon the completion of the relocation of a grave on each land of this case (hereinafter referred to as “the instant clan”).

E. The clan of this case is "the clan of this case".

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