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(영문) 서울고등법원 2018.09.07 2018나2002286
매매대금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are asserted.

Reasons

1. Under the underlying facts, the facts are either not disputed between the parties, or acknowledged in full view of the entries in Gap evidence Nos. 2 through 13, 50, 51 (including branch numbers; hereinafter the same shall apply), the fact inquiry results to the head of Eunpyeong-gu Seoul Metropolitan Government Office of the first instance court, and the whole purport of the arguments as a result of field inspection.

[1] On August 17, 2005, the "F" building, such as the 16th floor-5th floor sales facilities and business facilities, located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter the "instant commercial building"), was newly constructed and the preservation of ownership was completed.

Around November 2010, the Defendant, on behalf of an international trust company, combines the H area into one (H-01, H-002, and H-03) from among the fourth floor of the instant commercial building on behalf of the head of Eunpyeong-gu Seoul Special Metropolitan City and three (H-01, H-02, and H-03) and then divides it into 15 (H-04 through H-018) sales facilities, applied for the alteration of the whole oil portion of the collective building register with the content that the four-story H area was divided and divided in accordance with the contents of the application.

The fourth floor of the commercial building of this case is divided into several sections for exclusive use, such as drawings (attached Form 1). Among them, the form of the section for exclusive use before and after the merger and division of the H zone is compared (attached Form 2).

[2] On each of the following date, the Plaintiffs entered into a sales contract with the Defendant to purchase each of the relevant stores listed in the “object” column (hereinafter collectively referred to as “each of the instant stores”) on the fourth floor of the instant commercial building from the Defendant on each of the following date:

(hereinafter collectively referred to as the “each of the instant sales contracts”). The Plaintiffs completed the registration of ownership transfer for the relevant store on each of the relevant dates indicated in the “registration date of transfer”, and around that time, paid all the purchase-price to the Defendant.

Plaintiff

A. The date of registration of transfer of the purchase price (including value-added tax) on the date of the contract.

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