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(영문) 수원지방법원평택지원 2015.06.12 2013가합1640
정산금등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff and F are Defendant B and G (hereinafter “Defendant B, etc.”)

(ii) approximately 4,680 square meters ( approximately 1,415 square meters; hereinafter referred to as “instant land”) before Pyeongtaek-si E, in which one-half shares are jointly owned.

(2) Around October 28, 2002, the Plaintiff entered into a trade agreement with Defendant B, etc. to purchase and sell the instant land at KRW 556 million as its representative, and entered into a sales agreement with Defendant B, etc. to pay the remainder of KRW 516 million on the contractual day, and the remainder of KRW 50 million on June 30, 2003 (hereinafter “instant sales agreement”).

2) The Plaintiff, Defendant B, etc. agreed to the effect at the time that the special agreement was entered into between the Plaintiff, Defendant B, etc. and the seller that the buyer constructed 120 square meters of the multi-family house No. C in the same way as the other model and settle the remainder by June 30, 2003. The Plaintiff paid the down payment amount of KRW 50 million to the Defendant B on the date of the contract.

B. On October 2002, the Plaintiff: (a) divided the instant land into seven parcels, such as the “ADDD” map (hereinafter “instant ADD”); (b) constructed a multi-family house from one to another; and (c) formulated a plan to establish a multi-family house as an access road; (d) around April 11, 2003, the Plaintiff obtained a building permit for each of the detached houses (multi-family houses) in the name of the Plaintiff, H, F, I, J, and Defendant B on the instant land.

C. However, until June 30, 2003, the Plaintiff failed to perform the duty to construct the remainder payment or multi-family house under the instant sales contract, and G notified the Plaintiff on August 26, 2003 that the instant sales contract was cancelled on September 3, 2003 after demanding the Plaintiff to pay the remainder, etc. under the instant sales contract.

Accordingly, around September 29, 2003, the Plaintiff and F filed a lawsuit against Defendant B, etc. for the registration of ownership transfer of the instant land according to the instant sales contract with the Suwon District Court KRW 2003Kadan12613.

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