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(영문) 부산고등법원 2018.04.19 2017나56738
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is that of the judgment of the court of first instance, except for the addition of the following "2. Additional Judgment" as to the plaintiffs' assertion newly added by this court, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the

2. Additional determination

A. The actual sales contract for each of the G apartment units owned by the Plaintiffs (hereinafter “instant apartment units”) is the instant sales contract concluded around June 2014.

However, on December 10, 2014, the Defendants, without notifying the Plaintiffs, deleted the content of the sale method of the regional housing association among the contents of the instant sales contract, and completed the registration of ownership transfer as to the instant apartment household, following the creation of a housing construction sale contract.

Therefore, the sales contract for the registration of this case is concluded by deception of the defendants or mistake of the plaintiffs.

Furthermore, the sales contract for the registration of this case was revoked due to the service of the supplementary report on January 24, 2018 by the Plaintiffs to the Defendants.

Therefore, the Defendants are obliged to restore to the Plaintiffs the cancellation of the sales contract for registration of this case.

However, since the defendants are unable to restore G apartment to its original state by removing G apartment, they are obligated to compensate for damages equivalent to their value.

B. The issue of whether there was a ground for revocation due to the Defendants' deception or mistake in the contract for the registration of this case is determined by the same logic as the confirmation of this case.

The confirmation of this case also is based on the premise that the progress of the apartment sale business for the instant business establishment is not the sale method of the local housing association but the sale method of the housing construction, which is not the sale method of the local housing association.

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