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(영문) 서울서부지방법원 2016.06.28 2015가단217068

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 24, 2014, the Plaintiff concluded a sales contract with the Defendant for the sales price of 395,000,000 for the sales price of 4 and 203 commercial buildings within the Seoul Mapo-gu and the B Housing Redevelopment Complex (hereinafter “instant store”).

(hereinafter “instant sales contract”). According to the sales contract made at the time, the supply area of the instant store is 51.641 square meters for exclusive use, 53.8424 square meters for public use, and 105.485 square meters for contract area, and the land area is 26.79 square meters for public use.

B. Among 204 stores adjoining the instant store, there are stairs with the size of 17.301 square meters which connect only the said two stores (hereinafter “instant stairs”). The purpose of the said stairs is not to escape under the Building Act, but to enable direct access to the first floor to the second floor, and to revitalize the second floor. The Defendant, at the time of the instant sales contract, deemed the 1/2 of the said stairs area as the exclusive-use area of the instant store and calculated it as including the exclusive-use area by deeming the 1/6508 square meters of the said stairs area as the exclusive-use area of the instant store.

C. The Plaintiff paid the sales price to the Defendant pursuant to the instant sales contract and received the delivery of the instant store.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 3 (if any, including numbers; hereinafter the same shall apply), the fact-finding inquiry about the d Span Forum Corporation, the purport of the whole pleadings

2. The parties' assertion

A. The instant sales contract on the common premise is a sale that designates the quantity. The instant stairs can be freely used by other sectional owners, and thus cannot be deemed to fall under the section for exclusive use or the section for partial common use of the instant store. Therefore, the actual exclusive ownership area of the instant store is 42.923 square meters, excluding the above 8.6508 square meters from the exclusive ownership area under the sales contract. 2) The exclusive ownership area of the instant aggregate building is the area of the exclusive ownership area.

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