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(영문) 제주지방법원 2019.01.10 2017가합12956
매매대금반환
Text

1. The plaintiff (Appointed)'s primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Defendant, at Jeju, is a multi-household house with the size of 660 square meters or less among the I apartment buildings, which are H-based condominium buildings, and multi-household house with the total number of 15 households or less, which is not more than four stories.

(hereinafter referred to as the “instant aggregate building”) is a company that newly built and sold the instant aggregate building, and the Plaintiff and the designated parties are as follows from the Defendant:

The number of buyers who purchase the corresponding section for exclusive use (hereinafter referred to as "each section for exclusive use of this case") stated in the table of paragraph shall be the buyers.

B. The instant condominium was approved on September 11, 2015, and the registration of ownership preservation was completed in the name of the Defendant on September 23, 2015.

C. In the title section of the real estate register for each section of exclusive ownership of this case, the land which is the object of the right to site is indicated as “H orchard 2277 square meters”; the section of exclusive ownership as “Sluice structure 81.31 square meters”; and the site ownership as “1/15 of the right to site”.

The Plaintiff and the designated parties entered into each of the instant sections for exclusive use with the Defendant as indicated in the following table, and completed the registration of ownership transfer after completely paying the sale price for each of the instant sections for exclusive use (the same shall apply to each of the instant contracts for exclusive use; hereinafter the same shall apply) and completed the registration of ownership transfer on November 7, 2016. On November 7, 2016, as to J Forest No. 1127 square meters adjacent to each of the instant sections for exclusive use on the buyer’s list of shares corresponding to 1/15 of each of the instant sections for exclusive use, only the designated parties C and only N are indicated as buyers, but there is no dispute between the parties that the Defendant agreed to provide the buyer as each of the Plaintiff and the designated parties C and the designated parties D at the time of signing the contract.

On April 27, 2016, 1 C (Appointed) K on April 27, 2016, the date of registration of transfer of ownership of the sale price of exclusive ownership for sale in lots, and April 27, 2016, D (Appointed) L on May 27, 2016, November 4, 2015, 315,000,000,000 December 23, 2015, 2015, E (Appointed) No. 315,00,000,000 on October 315, 2015, 200, 4F (Appointed) No. O on October 313, 2016, 205, 315,000,000,000, May 30, 3015, 200

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