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(영문) 서울고등법원 2014.11.13 2013나2031630

분양대금반환

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

. The purport of the claim is.

Reasons

Basic Facts

The reasoning for this part of the court's explanation is the same as that for the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

Plaintiff’s assertion

35.369 square meters under the center line of this case = 3.20 square meters for exclusive use by the owner of this case: 21.169 square meters for exclusive use by the owner of each of 3.20 square meters of each of the following 2.3 square meters of each of the above drawings (=35.44 square meters for exclusive use by the owner of each of the following 3.3 square meters of each of the above maps: 7,8,9,10,11,12,13,14, 15, 16, 17, 17. 2. 1. 35 square meters of each of the above sections, 1. 2. 35 square meters of each of the above sections, 2. 35 square meters of each of the above sections, 2. 1,22,34,44,100 square meters of each of the above sections, 2. 364 square meters of each of the above sections, 15. 365 square meters of each of each section. 25 2. 36. m2.

As above, the reason why the difference between the exclusive area in the sales contract and the actual exclusive area is due to the fact that the Defendant’s exclusive area is included in the entrance area corresponding to 93 of the instant Pdcot 93 (hereinafter “40”) with the area of 14.38 square meters in the part of the entrance (38) connected with each point of 6, 7, 11, 10, and 6 of the attached drawing No. 2 (38) and the area of 14.38 square meters in order to connect each point of 14, 15, 17, 16, 14 of the attached drawing No. 2 (hereinafter “the part”) in the attached drawing No. 14, 15, 17, 16, and 14.