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(영문) 울산지방법원 2020.11.05 2019가합15010

매매대금반환

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The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. Defendant G Co., Ltd (hereinafter “Defendant G”) is an executor of the business of constructing and selling a commercial building in the G apartment in Ulsan-gun, Ulsan-gun, Ulsan-gun, and Defendant H Co., Ltd (hereinafter “Defendant H”) is a new construction contractor of the said commercial building.

B. The Plaintiffs entered into a contract with Defendant G to purchase the above commercial building with each of the following contents (hereinafter referred to as the “instant sales contract”), and the instant sales contract of this case is written by Defendant G as the seller, buyer, and Defendant H as the contractor.

(2) On December 7, 2016, Plaintiff Chho 51,100,000 on December 7, 2016, 2016, the date of concluding a contract for the subdivision of the unit purchase price for Plaintiff Jho Lake 561,70,000, Plaintiff Bhho 51,100,000 on December 16, 2016, Plaintiff D Mho 514,300,000 on December 16, 2016, Plaintiff E Nho 509,90,000,000 on December 7, 2016, Plaintiff E Nho 509,90,000, Plaintiff FO 50,500,500,000 on December 7, 2016

The plaintiffs completed the registration of transfer of each ownership on the commercial buildings sold in lots after full payment of the sales price under the instant sales contract.

The site on the side where the commercial buildings of this case are located is a minor sloping place, and the floor surface of the commercial buildings of this case is lower than 1.69m, average than the front and road surface of the commercial buildings of this case, and it is installed three stairs and slope ways between the front and the front delivery of the commercial buildings of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, and 8 (if there are virtual numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' assertion

A. At the time of entering into the instant sales contract, the Plaintiffs actually purchased the first floor commercial building at the time of the conclusion of the instant sales contract, and the instant commercial building is located at a lower level than 1.69m on the ground above the front delivery and road.

B. Mainly, there is a defect that the commercial buildings in this case are substantially against the structure and function.