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(영문) 수원지방법원여주지원 2017.12.13 2016가합6278

소유권이전등기

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 260,000,000 and KRW 130,000,000 among them, from April 13, 2016 to April 2017.

Reasons

1. The list of the instant land and buildings in Article 3 of the fact of foundation: (a) the remainder of KRW 130,000,000 ( April 13, 2016 on the date of payment) and KRW 1,120,000,000 ( May 13, 2016 on the date of payment) shall be the name map of the instant land and building on May 13, 2016. < Amended by Presidential Decree No. 27175, May 13, 2016>

Article 6 (3) of the Act provides that the Defendants shall reimburse the amount of the down payment at the time of the termination of the contract, and the Plaintiff shall waive the down payment and shall not claim the refund thereof.

Matters of special agreement - Current status sales contract (the plaintiff is aware that the warehouse of the second floor is an unauthorized building): Provided, That in cases where there is a substantial difference between the public record and the real estate brokerage, the defendants and the real estate brokerage will be responsible.

On April 13, 2016, the Plaintiff entered into a sales contract with the Defendants on the purchase of the land listed in the separate sheet No. 1 (hereinafter “instant land”) and the building listed in the separate sheet No. 2 (hereinafter “instant building”) in the separate sheet No. 1,250,000 among the Defendants and the Defendants. On the same day, the Plaintiff paid KRW 130,000,000 to the Defendants the down payment.

The main contents of the instant sales contract are as follows.

B. As a result of the survey conducted by the Plaintiff on the instant land before the payment date of the remainder after the instant sales contract, the G ground buildings and their sites adjacent to the instant land in Echeon-si, Echeon-si, where the land was located.

C. From May 30, 2016 to July 25, 2016, the Plaintiff changed the subject-matter of the instant sale to Defendant B and E on several occasions, excluding the above infringed part among the instant land, and demanded to reduce the instant purchase price to the extent corresponding to the above infringed part. However, the Defendants did not comply with the said demand.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-10 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The substance of the cause of the claim is the object of the instant transaction.