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1. The Defendant’s real estate indicated in the separate sheet from the Plaintiff, 20,295,367 won and November 1, 2016.
Reasons
1. Determination as to the cause of claim
A. 1) On April 28, 2013, the Plaintiff is entitled to each real estate listed in the separate sheet from the Defendant (hereinafter “instant real estate”).
(2) On May 28, 2013, the sales contract was concluded to purchase the purchase price of KRW 170,000,000, and the Defendant paid KRW 120,000,000 as the intermediate payment of KRW 120,000 on April 28, 2013, and the remainder of KRW 35,00,000 on June 7, 2013. The Defendant completed the registration of ownership transfer on the instant real estate on June 111, 2013, and the Plaintiff paid KRW 4,269,00 as the expenses for the registration of ownership transfer, and the Plaintiff additionally paid KRW 20,70,00 (hereinafter “instant extension”) on the instant real estate at the time of the instant sales contract, but the registration of extension was not completed due to the agreement made between the Plaintiff and the Defendant on the instant extension of the terms of the sales contract.
3) On March 31, 2015, the Plaintiff urged the Defendant to perform the registration of extension on the part of the instant increased portion. On October 28, 2015, the Defendant, who did not perform his/her duty, revoked the instant sales contract on the ground of nonperformance, and demanded the Defendant to refund KRW 170,000,000 and the registration fee of KRW 4,269,000. 4) As to the Plaintiff’s civil petition application confirmation on the instant increased portion, the Ulsan Metropolitan City, Ulsan Metropolitan City, Ulsan-si, sent that “The Plaintiff cannot obtain permission for extension because the part of the instant real estate is located in an agricultural and forest area” on June 7, 2016.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
B. The following circumstances acknowledged by the above fact of recognition, namely, the area of the extended part of the instant real estate reaches 1/3 of a single house of 64.75 square meters registered among the instant real estate, and the extended part of the instant real estate was not subject to a building permit, thereby illegally expanding.