분양대금반환
1. The defendant shall pay 236,700,000 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. Of the costs of lawsuit.
1. Basic facts
A. On December 20, 2015, the Plaintiff and the Defendant entered into a sales contract with the effect that the 9th floor D of the non-Sincheon-gu Seoul Metropolitan Government Building C (hereinafter “instant building”) owned by the Defendant was sold in total in KRW 236,70,000, and that it would be divided into the 5th unit E, F, and G units and be transferred with the divided share of co-ownership in each unit.
(hereinafter “instant sales contract”). B.
Since then, the Plaintiff paid 236,700,000 won to the Defendant as set forth in the instant sales contract, and received the registration of ownership transfer from the Defendant on February 12, 2016 in the form of divided ownership transfer as to the three houses of the instant building.
C. The 9th floor and 10th floor, including the instant building, were originally used for business purposes. Since then, in the process of remodeling, a toilet was installed on the said 9th floor and 10th floor, and applied for a change of the oil content as if it were to be divided into 18 offices, and actually, it was divided into 132 units and installed individual toilets, unlike the design drawings, to be used for accommodation or residential officetels.
On October 19, 2016, the Plaintiff received a corrective order to voluntarily remove the illegally constructed portion on the ground of the alteration of the purpose of the use, along with the notice of imposition of the charge for compelling the performance.
E. Meanwhile, in accordance with a contract with the Defendant, the operator I of H (hereinafter “H”) and J concluded a contract for the sale of C building L and M at the Incheon District Court on July 14, 2017 to the buyer of C building L and to the buyer of the C building, the Defendant filed an application with the competent authority for the alteration of the oil supply of the 9th and the 10th to the 18th unit of the C building. However, in fact, it would be possible to divide the 132 unit of the C building into 132 unit and install individual toilets, unlike the design drawings, so that it can be used for residential purposes.