토지인도 및 부당이득반환
1. The judgment of the court of first instance is modified as follows.
Defendant B, as well as KRW 19,773, and as to this, September 2018.
Facts of recognition
On September 18, 2014, F engaged in the building business in the trade name of E, obtained a building permit to newly build 19 separate houses with the so-called 19 separate houses (hereinafter “instant complex”) on the land including the instant land owned by oneself, and then newly build several separate houses with the building area and the total floor area different from the building area to sell them together with the land.
According to the contract for sale in lots prepared by F with the buyer, the contract area is the building area and the site area, and again the site area is to be entered by dividing it into the exclusive area and the common area, and the total amount of the building price and the site price. When the building is completed, the registration of ownership preservation shall be completed in the name of F, and the registration of ownership transfer shall be completed for the buyer's co-ownership and building after the recording of ownership preservation in the name of F, but the co-ownership and building area of the site may be somewhat changed, and in such case, the unit area shall
F After obtaining a subsequent permission for change, the F shall determine the instant complex as the site for the instant complex, and the registration of ownership is completed in the name of F on August 29, 2016, with the approval for use on August 19, 2016, all of the 19 units of the instant housing units, with the approval for use on August 19, 2016, as follows: D, G, G, G, H, H, H, 1,444 square meters, I, I, 372 square meters, and 6,334 square meters in total.
The Plaintiff, on August 30, 2015, sold in lots in KRW 195,00,000, with the building area of KRW 69.3 square meters and site area of KRW 264 square meters (=exclusive area of KRW 231 square meters) from F.
(A) There was an additional arrangement between the Plaintiff and the building area and the site area. Of the instant land that was sold to the Plaintiff, a single house of 43.74 square meters on the ground of “A” in the attached Form No. 248 square meters and 43.74 square meters on the ground of “A” in the attached Form No. 248 square meters was constructed.
Since then, F will transfer registration in the future of the plaintiff.