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(영문) 서울동부지방법원 2017.12.14 2016가합104157
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from participation.

Reasons

Basic Facts

The Defendants jointly owned 707 square meters prior to the F of Gyeonggi-gun. The Defendant C’s co-ownership shares were 3/7, and the remaining Defendants’ co-ownership shares were 2/7, respectively.

On February 11, 2015, the said land was divided into 562 square meters (hereinafter “F land before division”) and 145 square meters (hereinafter “instant G land”) before G, as shown in the attached Form.

[Matters of special agreement] The present state is "full" and the part changing the form and quality to a site shall be borne by the purchaser.

Survey conducted by the Intellectual Property Corporation on March 25, 2015

The seller shall actively cooperate with the building permit by a contract that sells all the Defendants’ share of the lower part of the urban planning line by dividing the F land before the partition.

After the cadastral construction work is conducted, all necessary documents for the registration of transfer of ownership shall be delivered at the same time with the receipt of any balance after setting an individual lot number of 172m2 before the F.

On March 19, 2015, the Plaintiff entered into a sales contract with the Defendants for the purchase of KRW 172 square meters of the F-land prior to subdivision in the amount of KRW 160 million (hereinafter “instant sales contract”).

The plaintiff and the defendants entered into the above sales contract and set forth the special agreement as follows:

On the same day, the Plaintiff and the Defendants separately prepared a real estate sales contract, embodying the subject matter of the instant sales contract as “9/145 of the G land in this case and the E land in this case”.

Since then, according to the instant sales contract, the survey of F land before subdivision was conducted, and the said land was divided into the instant F land and the instant E land on April 7, 2015, as shown in the separate sheet.

On April 20, 2015, the Plaintiff paid the purchase price to the Defendants, and completed the registration of transfer of ownership based on the instant sales contract with respect to the instant G land 9/145 shares among the instant G land, and the instant E land. A.

Under the National Land Planning and Utilization Act, urban planning roads are not established.

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