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(영문) 대전지방법원천안지원 2020.09.10 2019가합102072
매매대금반환
Text

1. The plaintiff's primary claim against the defendants is dismissed.

2. The Plaintiff, Defendant B, Defendant C, and Defendant C.

Reasons

1. Basic facts

A. On November 2014, the Plaintiff: (a) was a regional housing association derived from the Promotion Committee of the Housing Association (tentative name) (the chairperson E; hereinafter “Promotion Committee”); (b) held an inaugural general meeting to establish a regional housing association under the Housing Act on September 18, 2015; (c) enacted the bylaws of the association; and (d) elected representatives and other executive officers; and (e) obtained authorization for establishment from ASEAN-si on February 19, 2016, the Plaintiff was authorized as a regional housing association (association E) under the Housing Act.

B. The Defendants are co-owners of a parcel of land with a size of 3,00 square meters of F 405 square meters in Ansan-si, G 13,624 square meters of forest land, and H 221 square meters of land (hereinafter “each of the instant land”).

(The shares of Defendant B in each of the instant lands are 4,761/14,281; shares of Defendant C are 4,760/14,281; shares of Defendant D are 4,760/10; and shares of Defendant D are 4,760/281, respectively).

The promotion committee of this case agreed to purchase each of the lands of this case from the Defendants in the course of promoting housing association projects in one lot of land of this case.

However, the above promotion committee and the defendants set the defendants' share price of each of the lands of this case as KRW 1 million per square year (1,436,870,000 per square year) and the remaining KRW 100,000 per square year (143,687,000 per square year) as the price for the obstacles (all buildings, trees, etc., and all of the buildings, trees, etc., hereinafter "relics") on each of the lands of this case and set the two contracts as the price for each of the above lands.

Accordingly, the Plaintiff entered into a land sales contract and an obstacle sales contract with each Defendant on the following terms:

(hereinafter referred to as “sale contract for each of the instant lands and obstacles” (hereinafter referred to as “sale contract for each of the instant lands and obstacles”): Sales proceeds: 1,436,870,000 won: The remainder of KRW 100 million: 1,336,870,000 (the first due between two months after approval of housing project plan: within two months after approval of housing project plan, or July 30, 2016) excluding down payment of KRW 100,000,000,000,000,000 won, and the down payment is made.

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