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(영문) 인천지방법원 2018.12.21 2017가합58518
매매대금 청구의 소
Text

1. The request for intervention by the supplementary intervenor C shall be dismissed.

2. The Defendants are jointly and severally liable to Plaintiff A for 202,411,613.

Reasons

1. Basic facts

A. On October 25, 2016, the Plaintiffs were subject to registration conversion with H 2,257 square meters of forests and fields H 2,257 square meters in Pyeongtaek-gun, Gyeonggi-gun, Gyeonggi-do, which was the land before subdivision. The Plaintiffs shared the shares of Plaintiff A, but the shares of Plaintiff A were 3,528/5,5291, and Plaintiff B were 1,763/5,291.

B. On October 27, 2016, the said land prior to the subdivision was divided into 524 square meters of H forest in Pyeongtaek-gun, Gyeonggi-do, 524 square meters of forest land, 387 square meters of forest land, 200 square meters of J forest, 380 square meters of K forest, 766 square meters of L forest, and the land category was respectively changed on November 1, 2016.

(hereinafter referred to as "each of the instant lands" is the same administrative district based on the criteria after the division.

The Plaintiffs were planned to construct a new house on the land before subdivision, and prepared a document stating “the method of payment” between Defendant E and the sales contract for land sale and non-built buildings through the Plaintiff’s Intervenor (hereinafter “ Intervenor”) Co., Ltd. (hereinafter “D”) on December 18, 2015.

The main contents of the above letter are as follows, and Defendant F is written as a joint and several surety of Defendant E.

(hereinafter) On December 18, 2015, each written statement of December 18, 2015 (hereinafter referred to as “D”) is to sell and purchase 4 unbuilt housing buildings (attached to drawings 1, 2, 3, and 4), and 5 units of housing are to be loaned from a bank after completion to the seller’s agent D (hereinafter referred to as “D”).

(b)As a result of the transfer registration of ownership to a designated person. The purchase price of non-built housing (land construction cost): 200 million won: the amount calculated by deducting the registration cost for preservation (one reported amount from 250 million to 60 million won) from the registration cost for completion of civil works (a price of approximately 1.2 million) shall be calculated as the purchase price.

1. At the same time as the registration of transfer of ownership of the land in the above case, the establishment of the bond hundred million won (the list of bond joint collateral rights: the address is indicated as the number of holders: The current owner: the original and current owner: the original) - the joint guarantor.

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