(영문) 서울북부지방법원 2017.09.28 2017가합21026

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(영문) 서울북부지방법원 2017.09.28 2017가합21026

매매대금반환

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On or around December 9, 2016, the Plaintiffs, the couples of which entered into a sales contract, concluded a sales contract with the Defendant on the condition that the Plaintiffs would purchase KRW 880,000,000 (hereinafter “instant sales contract”) one-half of each of the two shares of the above buildings owned by the Defendant (hereinafter “instant land”). The Plaintiffs agreed to pay KRW 292,00,000 on the date of the contract, intermediate payment of KRW 292,00,000 on December 15, 2016, the remainder of KRW 50,000,000,000, as well as the remainder of each of the instant buildings (hereinafter “instant land”).

B. According to the instant sales contract, the Plaintiffs paid KRW 88,00,000 to the Defendant on the date of the contract, and KRW 292,00,000 to the part payment on December 15, 2016.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. Of the subject matter of the instant sales contract, the content of the contract on the instant building was “Save 1st floor, underground, second floor, third floor, and fourth floor board.”

However, after the Plaintiffs paid intermediate payments to the Defendant on January 5, 2017, the fact that the fourth floor tower of the instant building (hereinafter “instant rooftop”) was illegal by the construction and employees of the Dongdaemun-gu Seoul Metropolitan Government Office, and the Dongdaemun-gu Seoul Metropolitan Government Office entered the indication of the violating building in the general building ledger on January 13, 2017.

In addition, the part of the first floor parking lot of the building of this case is illegally remodeled into a warehouse, and the part of the first floor parking lot to be connected with the right building is illegally used as the main room of the toilet and the first floor restaurant without permission.

The Plaintiffs are legally defective and subject to the instant building themselves.

유사 판례

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