분양대금반환
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On the land B of Yeonsu-gu Incheon Metropolitan City, the Defendant constructed and sold a total of 17 commercial buildings (hereinafter “the instant food sheet”) from 86 to 101, which is operated by a Pdco method on the first floor of the said building.
B. On August 4, 2005, the Defendant: (a) sold 93 of the instant Pdcot (hereinafter “instant Pdcot 93”) to D in lots at KRW 522,550,000, the sales price was set at KRW 522,50,000 (hereinafter “instant sales contract”); and (b) on the sales contract form, the exclusive area of the instant Pdcot was set at KRW 38.542 square meters.
C. On April 12, 2007, D transferred the rights and obligations under the instant sales contract to E, F, and G. On February 26, 2009, E, F, and G transferred the rights and obligations under the instant sales contract to the Plaintiff, and the Defendant approved the said transfer.
With the sales price of the instant Pdcot 93, D paid the Defendant the remainder of KRW 52,25,00 on August 4, 2005, KRW 52,255,000 for the intermediate payment on November 10, 2005, KRW 52,25,000 for the intermediate payment on May 10, 2006, KRW 52,25,000 for the intermediate payment on December 11, 2006, and KRW 52,25,00 for the intermediate payment on December 3, 2006, and KRW 52,25,00 for E,F, and G, KRW 52,25,00 for the intermediate payment on June 4, 207, KRW 52,25,00 for the intermediate payment on November 5, 208, KRW 305,00 for the intermediate payment to the Defendant on May 15, 2008, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff’s assertion 30.616 square meters = 16.756 square meters for exclusive use by the main area of 13.86 square meters by the interior diameter = 282.41 square meters [Attachment 1] = 7,8,9,10,11, 12, 13, 14, 15, 16, 16, 17, 18, and 7 of the same drawings among the parts inside a ship connected in sequence with each point of 1,2,3,4,5,6,100 square meters by the inner diameter, excluding the part of the main area connected in sequence with each point of 284.84 square meters by the inner diameter (hereinafter “internal area within a hole”).
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