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(영문) 서울남부지방법원 2011.08.11 2010가단72612
지료
Text

1. The Defendants’ respective Plaintiff

(a) KRW 20,970,000 as well as 5% per annum from March 19, 201 to April 13, 2011;

Reasons

1. Basic facts

A. In around 2005, Guro-gu Seoul Metropolitan Government Office was unable to implement a project plan to create “K” by inserting a total of KRW 3 billion in the project cost by up to 2008, with a total of KRW 100,000,000,000. When the said park creation project is implemented, the owner of the building removed within the said project is expected to be granted the right to sell apartment lots of SH construction.

B. L was running the real estate brokerage business at the time, but around March 2005, it was difficult for Guro-gu Office to purchase a detached house within the said business area with the knowledge of the said K development project plan and convert it into several households' multi-household houses, and then sell it to those who want to purchase apartment units.

C. Accordingly, L was converted from M on June 3, 2005 to multi-household housing (hereinafter “multi-household housing in this case”) with six households of the first floor, first floor, 102, 103, 104, 201, and 201-6 of the second floor, by taking a conversion procedure, such as changing the structure of the above ground building and implementing the second floor extension construction, with the consent of M after purchasing the above site and the building on the ground, which is located in the zone where the above park construction project is planned (hereinafter “instant site”).

Since L sold the multi-household housing in this case, and in the event that the above park creation project is implemented, L sold only the part of the building without including the ownership of the apartment site by taking advantage of the fact that the owner of the removed building does not hold the ownership of the site.

E. Of the instant multi-household housing, around July 2005, Defendant H purchased the N of the same month, and around November 2006, Defendant B purchased it again, around July 2005, around 102, Defendant D purchased the 102th floor. Defendant E purchased the 103th floor of the 1st floor. Defendant F purchased the 104th floor of the same month, and Defendant F purchased the 201st floor of the 201st floor of the same month.

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