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(영문) 수원지방법원 2018.04.05 2017가단7381
부당이득금반환
Text

1. All of the instant claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 14, 2006, the Suwon-gu Suwon-si Seoul Metropolitan Government designated the area of 288,742.4 square meters (hereinafter “instant project area”) as F Class 1 district unit planning zone.

(G) public notice in Susu City; (b)

On June 18, 2012, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a sales contract with the Plaintiff B (hereinafter “Plaintiff et al.”) as a joint purchaser with respect to the land of H and seven parcels in Suwon-gu, Suwon-si, Suwon-si, an incorporated into the instant project zone, including H, and the title of the Plaintiff B, I, J, and K (hereinafter collectively referred to as “the Plaintiff et al.”).

C. On October 5, 2012, the Defendant Company, the Plaintiff, etc., decided to sell the said land by dividing it into buyers, and concluded a sales contract with Plaintiff B with the following terms.

(hereinafter “instant sales contract”). (1) Sale object (Article 2): L and M 2 lots (No. N. hereinafter “instant land” under district unit planning): 51,639,00 won (calculated as KRW 4.7 million per square year) with land price, and special agreement on the alteration of use (calculated as KRW 6.6 million per square year) with regard to the alteration of use of KRW 70,422,00 (calculated as KRW 6.6 million per square year) with regard to the alteration of use (Article 5) (3) with regard to the current multi-family housing site after the alteration of use as a detached housing site, and the alteration of use is promoted by the Defendant Company.

(2) When the use of land is altered, expenses, etc. for road and construction shall be apportioned to the landowners, and the share to the land owned by the defendant company shall be borne by the landowners within the demarcated land

(hereinafter referred to as "not to be omitted").

According to the instant sales contract, the Plaintiffs paid to the Defendant Company the land price of KRW 551,639,000 (i.e., KRW 70,422,000 for the change of use of the land price of KRW 551,639,00) on April 16, 2013, and received each ownership transfer registration (one-half of the Plaintiffs’ shares) on the instant land from the Defendant on the same day.

E. Meanwhile, the Plaintiffs on April 17, 2015, on the grounds that some of the instant land included farmland.

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