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1. The first instance court, including the Plaintiff’s claim on the principal lawsuit (Counterclaim Defendant, Appointed Party) whose exchange was changed in the trial.
Reasons
1. The fact of recognition (the principal lawsuit and counterclaim shall be deemed to be filed together);
A. On September 23, 2013, the Plaintiff et al. acquired ownership of one-half each through a voluntary auction procedure with the size of 6,714 square meters before the subdivision, Hongcheon-gun, Hongcheon-gun, Seoul.
The indication of real estate: Hongcheon-gun E(Real Estate Sales Contract) indicated as F, but is a clerical error in E(E).
Before a site, KRW 100,000 sales price: KRW 90 million: 20 million; remainder: KRW 70 million (payment on November 30, 2013), but the current status of the sales price is created.
B. On October 7, 2013, the Defendants purchased approximately 1,000 square meters (3,306 square meters prior to the Gangseo-gun, Hongcheon-gun; hereinafter “instant land”) among the 6,714 square meters prior to the said E from the Plaintiff, etc.
(hereinafter “instant sales contract”). The Defendants planned to build a villa on the instant land.
The main contents of the instant sales contract are as follows.
C. On October 7, 2013, the Defendants paid the down payment of KRW 20 million to the Plaintiff, etc.
On October 21, 2013, the Defendants paid an intermediate payment of KRW 20 million, not in the agreement, at the request of the Plaintiff, etc.
On the other hand, in order to construct the land of this case as a so-called master, roads with a width of at least 4 meters should be secured in accordance with the guidelines for permission for development activities.
In addition, Article 22 of the Urban Planning Ordinance of Hongcheon-gun refers to a road or a scheduled road falling under any of the following items, with respect to the construction of a building in an area where a road, etc. is not installed, which is at least four meters wide from walking and motor vehicle traffic (in the case of an underground road where it is impossible to pass by motor vehicles and where it has a dead-end road, a road with a structure and width as prescribed by the Presidential Decree), with respect to the construction of a building in an area where a road, etc. is not installed:
A road for which a public announcement of new construction or alteration has been issued pursuant to the National Land Planning and Utilization Act, the Road Act, the Private Road Act, or any other relevant Act and subordinate statute;
(b) at the time of permission or report.