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(영문) 서울고등법원 2017.07.20 2017나2015711
매매대금반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in “1. Basic Facts” in the judgment of the court of first instance, except where the pertinent part of the judgment of the court of first instance is used as follows. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

under section 3, the following shall be added:

E. On the other hand, on May 28, 2007, the Plaintiff obtained the approval of the business plan for the construction of 101 to 108 units of real estate including 101 units and 108 units of land (hereinafter “the first complex business”) among the instant real estate, including Cheongju-si I, M, N,O, and 5 parcels of land (hereinafter “the instant five parcels”), from the Cheongju-si market, and obtained the approval of the business plan for the construction of Q, R, and 3 lots of land (hereinafter “the instant three lots”) among the instant real estate.

F. On October 11, 2011, the Plaintiff transferred the right to operate the second complex business to the T Housing Association (tentatively named, and later referred to as the “J Housing Association”; hereinafter referred to as the “J Association”) and the Gawon Industrial Development Co., Ltd. (hereinafter referred to as “Ywon Industrial Development”). On May 21, 2012, the Plaintiff transferred the right to operate the first complex business to the U Housing Association (tentatively named, and later became the “K Housing Association”; hereinafter referred to as the “K Association”) and the Husan Public Co., Ltd.

G. On August 19, 2014, the Defendants sold the instant three parcels to the J Association for KRW 4.6 billion, and thereafter received KRW 4.6 billion from the J Association.

H. On July 29, 2015, the Defendants sold the instant five parcel at KRW 3.68,0510,000 to the KA.

under section 3 8-9 'A' 2, 3

(b) (Minority)

. Change of “Entrys” to “Nos. 2, 3, 6, 8, 9, 13, 16 (including each number; hereinafter the same shall apply) and Nos. 1 and 2.”

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is due to aggravation of real estate competition.

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