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(영문) 서울서부지방법원 2015.08.24 2014가단204478 (1)
매매대금반환
Text

1. The Defendant: (a) KRW 53,090,400 for the Plaintiff and KRW 6% per annum from January 5, 2014 to March 4, 2014; and (b).

Reasons

1. Basic facts

A. The current status of the C building (1) is a corporation that is engaged in the sale of real estate, lease, sales agency, etc., and the Defendant is an executor with respect to the sales business of the C building of 16th underground floors above the 8th underground in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant building”).

(2) The building of this case was completed on August 3, 2005, and the sale in lots has been commenced from around 2002 to the date of the transfer, and since around 2002, it was sold in lots to the unsold stores. The parking lot for the third to 8th underground floors, the first and the second underground floors are E-food pipes, E-mail pipes, e-ice tubes, cryp code, etc. for the first to 8th underground floors, and the 9th above ground floors are Fdcoke, 10 to 14th above ground, and the 15th above ground floors are operated as dental pipes, etc., and the 16th above ground level is operated as a decrete.

(3) The 10th of the instant building is divided into zones A, B, C, D, E, F, and J. Each of the instant areas is divided into several sections. Of them, the J Area was divided into two sections from J02 to J045-44, and each of the separate registrations was completed on July 8, 2010.

However, each household store operated on the 10th floor is not operated as a single household store, but as a group of several sections, it is operated as a single household store.

B. (1) During the process of the conclusion and cancellation of a sales contract, the Plaintiff and her husband G were considered about the utilization of retirement benefits received by voluntary retirement in a workplace where G was enrolled for about 36 years, and the former land (Evidence A No. 3) was prepared to sell the store with KRW 96 million in monthly rent and KRW 800,000,000, and the Defendant’s sales office was found on the 15th floor of the instant building.

(2) Since H et al., an employee of the Defendant applied the sale price in 2002 to the Plaintiff and G, if the partitioned building of the instant building was sold in lots, he can enjoy profit from the market price, and also the I Group in the instant building.

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