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(영문) 인천지방법원 2018.08.24 2017가합1673

부당이득금 및 손해배상

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant is an executor who sold the F Commercial Facilities in Yeonsu-gu Incheon Metropolitan City (hereinafter “instant commercial facilities”), and the Plaintiff and the designated parties (hereinafter the Plaintiff and the designated parties together with the Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”) purchase G, H, I, J, and K among the instant commercial facilities (hereinafter the combination thereof referred to as “instant commercial facilities”).

B. The Plaintiff et al. entered into a supply contract for the instant commercial buildings (hereinafter “instant supply contract”) as indicated below, and acquired ownership by completing the registration of ownership transfer for each of the following commercial buildings after paying the amount recorded in the column for total supply.

In the supply contract of this case, each area for exclusive use, area for common use, area for underground parking lot, and other area for common use and share of site are specified in the supply contract of this case, and the total amount of supply is specified by site price, building price and value-added tax.

5. 20. 7. 30. 48. 20. 40. 7. 40. 7. 7. 85, 20. 30. 40. 7. 85, 20. 30. 30. 86. 40. 7. 86. 84. 7. 86. 86. 30. 86. 7. 45. 20. 657. 19. 47. 39. 57. 19. 45. 85. 20. 30. 65. 86. 7. 85. 200 7. 385. 86. 86. 47. 1987. 205 7. 19. 205 74. 205 7. 75. 2014. 75. 2038. 2

C. The instant commercial facility is a main complex building consisting of three apartment buildings (multi-family housing) and five commercial buildings, which is largely divided into three residential buildings, sales facilities, and neighborhood living facilities, and sold in lots.

Among 103,566.9681m2, the exclusive use area of the commercial facilities of this case, the exclusive use area of each use is a sales facility and a sales facility.