매매대금반환
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. Facts of recognition;
A. On May 20, 2015, the Defendant completed a “D” condominium building: (a) obtained a building permit for a six-story aggregate building under the name “D” on the land of the Nam-gu Incheon Metropolitan City C on May 20, 2015; and (b) obtained approval for use on May 26, 2015; and (c) completed registration of ownership preservation on the said aggregate building on November 2, 2015.
B. On January 8, 2016, the Plaintiff entered into a sales contract and transferred ownership. On January 8, 2016, 2016, the Plaintiff and the Defendant “D Building E” exclusive use area of 61.59 square meters ( approximately 18 square meters; hereinafter the same shall apply) and “instant real estate”
2) The sales contract under which the sales contract was made to purchase KRW 185,000,000 (hereinafter “instant contract”).
(2) On the same day, the Defendant paid the down payment of KRW 3,00,000 to the Defendant. From around that time to February 28, 2016, the Defendant paid all remainder of KRW 182,00,000 to the Defendant. (2) On February 24, 2016, the Defendant completed the registration of ownership transfer based on the sale of the instant real estate to the Plaintiff, and the Plaintiff occupied the instant real estate around that time.
C. 1) The process of concluding the instant contract and the process of unauthorized Expansion, etc. of the instant real estate, as the Defendant’s children, F actually performed the construction and sale of the said “D” aggregate building. G was delegated by F to perform the said sale business from September 8, 2015 to May 2016, G was in charge of the said sale agency business. (2) G was involved in the process of concluding the instant contract with H, the Plaintiff’s mother who directly visited the said “D” around January 8, 2016, along with the process of concluding the instant contract with H.
3) Meanwhile, around November 2015, after the completion permission, the instant real estate: (a) around the third roof of the instant “D” aggregate building, the degree of 24 square meters (7-8 square meters) on the roof of the third roof of the instant “D” aggregate building was expanded without permission as follows. (b) In the process of concluding the instant contract, G explained to the effect that the actual use area of the instant real estate reaches approximately 24 square meters.
5 The plaintiff is the same as the head of the Nam-gu Incheon Metropolitan City, on June 12, 2017.