원상회복금 등
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
The defendant is a corporation that has implemented the sales business of Dtel with the size of 4 underground floors and 15 stories above ground in Sii-si, Sii-si (hereinafter referred to as “instant officetel”).
On April 29, 2016, the Plaintiff concluded a sales contract with the Defendant for the purchase of heading E and F, among the instant officetels, and agreed to purchase the sale price of F (the contracted area of 32.68 square meters, the public area of 17 square meters, and the sale area of 49.68 square meters) with respect to the sale price of KRW 161,250,000 among them. However, there was no entry of the sale contract with respect to the above subparagraph F in the sale contract.
(hereinafter referred to as “instant sales contract”) No. . . Title: D shopping mall E, F heading construction undertaking
1. In the conclusion of the contract between the Plaintiff and the Defendant and D Building E and F, the above executor will, after completion, undertake that the construction costs will not be borne by the contractor and will be executed, including the stairs and clothes of the above number of commercial buildings after completion.
2. After completion, the installation costs of fire-fighting systems-sprinkers will be borne by us and constructed on the upper floor of the first floor.
On May 11, 2016, the Defendant prepared and delivered to the Plaintiff a certificate of construction of the multi-story as follows (hereinafter “instant certificate”).
On July 4, 2017, Siung-si Mayor sent a civil petition to the effect that “the building concerned is not a building permit or the use of a double-story” was not approved, to ask whether or not the construction design of the instant officetel has been approved.”
All of the instant officetels E and F were completed as a single-story, not a double-story, and on August 25, 2017, after the Plaintiff paid the sales price in full, the Plaintiff completed the registration of ownership transfer with respect to the instant officetel F in the name of the Plaintiff from the Defendant, and paid KRW 7,396,90 as the expenses for the registration of ownership transfer.
On the other hand, the Plaintiff came to know of the impossibility of constructing a double-story to the instant officetel around November 2017, and cancelled the sales contract with the Defendant on November 14, 2017.