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(영문) 의정부지방법원 2016.10.26 2015가합56076
이행합의금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants, around 2007, delegated E with respect to the development, etc. of the Gyeonggi-do Gyeonggi-gun, Gyeonggi-gun, where the ownership transfer registration was completed due to the Defendants owned 1/3 shares of each of the said 1/3 shares (the foregoing F was divided into 12,837 square meters in Gyeonggi-gun, Gyeonggi-do, and Gyeonggi-do; hereinafter the same shall apply).

E around April 26, 2007, upon obtaining a building permit of 5 pentathy with respect to land before subdivision, and the Plaintiff constructed four of them by contract with construction work of pentathy with the Plaintiff.

B. On March 6, 2008, E knew that there is no accelerated lane to enter a local area adjacent to the land before subdivision, and thus, it is impossible to construct more than six buildings or to construct only one building under the above building permit because pention 4 buildings were already constructed. However, as the cost of pention construction was insufficient, E would obtain permission for construction of a building, such as an additional fence, on the land before subdivision, by dividing the amount of 4,000 to 5,000 of the land before subdivision and obtaining permission for development activities in the amount of KRW 2,90,00 of the land before subdivision, and from March 6, 2008 to June of the same year, from March 6, 2008 to June of the same year, the Plaintiff received total sum of KRW 27,000,000,000 from the Plaintiff as the intermediate payment, and the Plaintiff acquired the above construction cost plus KRW 4,588,000,000,000 from the remainder.

C. On April 1, 2010, after the land in this case was divided from the land before the division, H entered into a sales contract with the Defendants, who operated by the Plaintiff, to purchase the land in this case at KRW 72,607,00,000, on behalf of the Defendants, and completed the registration of ownership transfer on April 13, 2010.

On the other hand, E is on August 17, 2012.

The criminal facts of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

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