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(영문) 의정부지방법원 2017.07.19 2015가합3522
분양대금반환
Text

1. Defendant D:

A. As regards the Plaintiff A’s KRW 195,00,000 and its KRW 10,000 among them, the remainder from November 11, 2013.

Reasons

1. Basic facts

A. On November 11, 2013, Plaintiff A and the Defendants newly built on November 11, 2013, Nos. 402 (exclusive use area 72.95m2; hereinafter “instant 402m2”).

(2) A sales contract was concluded to purchase KRW 195,00,000 for the purchase price. Of the purchase price, KRW 10,000,000 for the purchase price was paid on the date of the contract, and KRW 185,000,00 for the purchase price on December 11, 2013. (2) On January 9, 2014, Plaintiff B and the Defendants newly built, “Defendant D” and “Defendant 501,01,000,000 for the purchase of KRW 177,00,000 for the purchase price (hereinafter “each of the instant housing”) and KRW 501,00 for each of the instant housing.

(B) The Defendants concluded a contract and paid KRW 5,500,000 on the date of the contract, and KRW 171,50,000 on February 28, 2014. The Defendants were the Defendants’ illegal extension of the building including each of the instant housing (hereinafter “instant building”).

3) After undergoing a pre-use inspection on the entire building, the construction permit for expansion of the building does not undergo the pre-use inspection on each of the instant housing units, and the extension work including the outer wall and roof of each of the instant housing units (hereinafter “the extension work”).

(3) On May 4, 2015, the Plaintiff notified the Plaintiffs that the extension was illegally extended in violation of the Building Act, and notified the Plaintiffs that the extension was illegally extended in violation of the Building Act. On the other hand, the Council announced the Plaintiffs to the effect that, in the event that the Plaintiffs did not voluntarily correct the extension, the Plaintiffs were subject to a corrective order and the enforcement fine.

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