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(영문) 창원지방법원 2017.08.17 2016가합55646
매매대금반환
Text

1. The Defendants jointly share KRW 230,000,000 with respect thereto to the Plaintiff and the period from October 13, 2016 to August 17, 2017.

Reasons

1. Basic facts

A. 1) The Plaintiff purchased a single-household housing (multi-household housing) with old-age in the city, and remodeled or reconstructed into a small-sized housing for 1-2 households, and thereafter leases a remodelling or reconstruction housing with low-income housing (hereinafter “instant business”).

2) The Defendants are co-owners of the land in the Seocho-gu Seoul Special Metropolitan City F (hereinafter “instant land”) and Defendant A is the owner of the instant land-based housing (hereinafter “instant housing”) together with the instant land.

B. On April 5, 2016 and July 12, 2016, the Plaintiff’s Gyeongnam District Headquarters announced purchase of old-age housing for the instant project. The key contents of the Plaintiff’s announcement were that a house should be purchased from among the single multi-family housing for which 15 years have elapsed since the date of approval for use located in the Gyeongnam District, or that it is impossible to extend or rebuild by relevant statutes and ordinances is excluded from the purchase subject to purchase.

C. 1) Conclusion of a sales contract between the Plaintiff and the Defendants regarding the purchase procedure for old housing pursuant to the instant project: (a) if the Plaintiff considers the pertinent housing as a salableable housing upon receiving an application for purchase from the owner, it does not conduct an on-site survey; and (b) if it is deemed possible housing, it shall conduct an on-site survey; and (c) select the relevant housing as a housing subject to purchase based on the expansion of remodeling or reconstruction; and (d) conclude a sales contract through an appraisal on the purchase price; and (b) Defendant A applied for the purchase of each of the instant real estate to the Plaintiff on July 27, 2016, the instant housing is not a housing that cannot be improved to the construction-related statutes and its surrounding environment.

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