부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On February 16, 2015, the Plaintiff concluded a sales contract for the instant subparagraph 101 (hereinafter “instant sales contract”). On April 30, 2015, the Plaintiff completed the registration of ownership transfer as to the instant subparagraph 101.
B. According to the instant sales contract, the Plaintiff is to be supplied with the exclusive area of 28.35 square meters and the common area of 7.795 square meters and the total area of 36.145 square meters from Defendant Bolar Construction, and to pay 390,000,000 won to Defendant Bolar Construction.
C. Although the exclusive area is indicated in the registry and collective building registry with regard to subparagraph 101 of this case, the area for exclusive use is 29.58 square meters, the area for exclusive use is not indicated separately, and the area for exclusive use includes the toilet installed outside of the entrance.
On February 14, 2015, Defendant B entered into a contract for the sale of buildings 103 Dong 202 (hereinafter “instant 202”) of Songpa-gu Seoul Metropolitan Government Building 103 Dong 202 (hereinafter “instant building”). On April 24, 2015, Defendant B completed the registration of ownership transfer as to the instant subparagraph 202.
E. Meanwhile, the instant 202 is located on the upper floor of the instant 101, and the instant rooftop is located in the front floor of the instant 202, and only through 202, access is possible.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Gap evidence 8, Eul evidence 3 through 5, Eul evidence 8 (including provisional number), the purport of whole pleadings]
2. The plaintiff's assertion and judgment
A. The Plaintiff, on the ground that the Plaintiff’s portion of Defendant Bolar Construction, with respect to the instant 101 square meters, reduced the completion area to 29.58 square meters compared to the sale area of 36.145 square meters (i.e., exclusive area of 28.35 square meters and common area of 7.795 square meters) with respect to the instant 101 square meters, and the entrance of the toilet under 101 of this case is separately installed, and it is difficult to regard it as the exclusive part, and the Plaintiff is not practically using