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(영문) 대구지방법원서부지원 2017.09.22 2017가합50182

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. The Defendant’s publicity of sale is a trustee company that manages the new construction of the building C located outside Daegu-gu and two parcels (hereinafter “instant building”).

The first floor of the building of this case was not the first floor but the construction permit was obtained on the plane, but it was planned to change the construction permit to the second floor.

The sales company of the instant building predicted that the permission for the first floor of the instant building will be changed to a double floor, and indicated 102 (hereinafter “instant shopping mall”) in the sales slips, which are the promotional materials of the instant building, as follows.

The sale price (00,000,000,000 square meters in total for exclusive use by the exclusive use area of a unit) of a unit shall be 102 square meters in size, including VAT, 46.73 14.38 November 37, 37.14. 84.44. 123.36 37.36 4,610 124,925

B. On July 22, 2015, the Plaintiff entered into a contract with the Defendant for the purchase of the instant commercial buildings in KRW 1,249,245,000 (hereinafter “the first sale contract”).

(2) The Plaintiff and the Defendant concluded a sales contract again (hereinafter “instant modified sales contract”) by reflecting the current status of construction in fact, and based on the fact that there was no change in the construction permit on the dummy floor at the time, and the subject matter of the contract was indicated as follows. The object of sale in the contract is indicated as follows. The object of sale in the exclusive use area of the family room is 102m2, 46.73m2, 46.73m2, and 88.64m2, and then the design of the instant commercial building was changed to the dummy floor. The Plaintiff and the Defendant concluded a sales contract again (hereinafter “instant modified sales contract”). The indication of the object of sale was modified as follows.

The exclusive use area of the family room is 102 square meters of 46.73 square meters of 42.06 square meters of 88.79 square meters of 19.93 square meters of 22.38 square meters of 22.52 square meters of 42.52 square meters of common use area.

C. On December 2, 2016, the Plaintiff paid the sales price in full, and completed the registration of ownership transfer for the instant commercial building in the name of the Plaintiff.

[Ground of recognition] Unsatisfy, A(1) through (3)