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(영문) 서울동부지방법원 2019.01.10 2018가합108689
손해배상(기)
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 10, 2016, the Plaintiff and the Defendant concluded a sales contract with the Defendant for the sales of officetels E (hereinafter referred to as “instant officetel”) that the Plaintiff would sell the instant officetel as KRW 1,813,620,00 for the purchase price (hereinafter referred to as “instant sales contract”) on the instant officetel E (hereinafter referred to as “instant officetel”) to be constructed on the Seoul Special Metropolitan City Gwangjin-gu and D’s ground, and the main contents thereof are as follows.

The indication of the object of sale: The aggregate of the value-added tax on the value of the building classified by the sale price in lots 684,9,000,026,505,500,500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,00,000,00,00,00,00,00,00,00,00,013,620,0,00,000,00,000,000 of the building site area of the Ftel commercial building divided by C and D, or other public contract area of 138.045,839,005,0000,0000,0000,00000;

B. According to the instant sales contract, the Plaintiff paid the Defendant KRW 362,724,00 in total, KRW 181,362,00,00 for the first car of down payment on June 10, 2016, and KRW 181,362,724,000 for the second car of down payment on March 30, 2016.

C. Meanwhile, the instant officetel was sold from the first floor to the second floor above the ground. The sales price of the first floor above the ground was approximately KRW 3,179 to 4,2810,000 per square meter, and the sales price of the first floor above the ground was KRW 1,928,00 to 2,3740,000 per square meter.

The instant officetel was completed on September 1, 2017, and the difference between the area of the instant commercial building and the area on the aggregate building register stated in the sales contract is as follows.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, Eul evidence 1, 2, and 5 (including branch numbers; hereinafter the same shall apply), each statement, pleading.

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