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(영문) 서울중앙지방법원 2018.05.08 2017가단5176161
소유권말소등기
Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. On January 9, 2014, the Defendant obtained a construction permit from Jeju-si in order to newly construct a general accommodation facility (hereinafter “instant hotel”) with three underground floors and 225 rooms on the ground of a total of 1,060 square meters of three parcels outside N in Jeju-si (hereinafter “the first site”).

At the time of the building permit, the total floor area was “10,603.10 square meters,” and the exclusive area was “5,65.58 square meters,” and the total area for exclusive use was composed of “302.05 square meters (lutolutoco), 2 stories above ground, 370.26 square meters (per 21 square meters for accommodation facilities), 3 stories above ground, and 11 stories above ground (per 20 square meters for accommodation facilities), 498.27 square meters (per 21 square meters for accommodation facilities), 12 stories above ground, 498.84 square meters (per 20 square meters).

B. The Defendant set 225 guest rooms except for the underground P, which is the purpose of Lestop, among the parts of exclusive ownership of the instant hotel, to be sold, submitted a sale report to the Jeju Mayor on January 24, 2014, and announced sale in lots to Q press and R press around that time.

The Defendant calculated the portion of the site and public land for each guest room by multiplying the ratio of the area for exclusive use by 1,060 square meters to each guest room by 5,353.53 square meters, which is the aggregate of the area for exclusive use by 225 guest rooms subject to sale, excluding the area for exclusive use by 302.05 square meters under underground P, and specified it in the sale report and the sale announcement as the portion of the land for each guest room.

C. The Plaintiffs and the Defendant concluded a sales contract for each guest room in the column of “the date of the conclusion of the sales contract” as stated in the separate sheet No. 2 (hereinafter “each of the instant sales contracts”), and each of the supply contracts prepared at that time (hereinafter “the instant sales contract”) as indicated in the separate sheet No. 2, the building contract area (=the area of the exclusive use area and the area of the public parking lot) as indicated in the separate sheet No. 2.

Attached Form 4. Public land for each guest room calculated in the same manner as the paragraph 4.

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