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(영문) 서울동부지방법원 2017.12.01 2016가단133745

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants newly built six multi-households, multi-household houses and neighborhood living facilities, which are aggregate buildings, on the ground of Seoul Central Government, and completed registration of initial ownership on June 8, 2015.

The purpose of each floor is not separately indicated in the above aggregate building register, and in the building register, the first floor to the fifth floor is the house, and the sixth floor is the office.

On the other hand, in each of the above condominium buildings (households), separate warehouses attached to each of the above condominium buildings are installed on the six floors, and they have been constructed without construction permission.

B. On April 4, 2015, the Plaintiff entered into a sales contract with Defendant B by setting the sales price of KRW 2.4 million with respect to five stories (26.39㎡ of the exclusive ownership area) among the aggregate buildings, and entered into a contract without mediating real estate real estate agents.

This also applies to the following amended contracts.

The contract deposit of KRW 20 million was paid to the above defendant on the date of the contract.

C. On June 5, 2015, the remaining payment date for the purchase and sale of the above 502, including the payment of the balance with her husband E, the Plaintiff sought Defendant B and moved to the above aggregate building. At the time, the sales office was transferred to 601, and the sales office was transferred from A Dong 1 to 601.

On the other hand, A and B indication are not indicated in the building ledger or the register.

Along with Defendant B, the Plaintiff agreed with Defendant B to purchase KRW 199,000,000 (hereinafter “instant building”) more than the purchase price prescribed in 502, not the above 502, and KRW 601,000,000,000, which was less than the purchase price prescribed in the above 502 (hereinafter “instant sales contract”) and entered into a sales contract on the instant building retroactively as of May 4, 2015 (hereinafter “instant sales contract”). The Plaintiff completed the registration of ownership transfer on June 8, 2015, excluding KRW 20,000,000,000,000,000, which was excluding KRW 20,000,000,000,000,000,

Meanwhile, at the time of the instant sales contract, the Plaintiff’s husband and wife and Defendant B, as well as the employees of the sales office F and the certified judicial scrivener.