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(영문) 서울동부지방법원 2017.04.28 2014가단59591
부당이득금 반환
Text

1. All of the plaintiffs' claims are dismissed.

2. Of the costs of lawsuit, the costs of appraisal as claimed by the Defendant and the witness D.

Reasons

1. Basic facts

A. On March 24, 2011, the Plaintiffs: (a) on the land in Gwangjin-gu, Seoul Special Metropolitan City owned by the Plaintiffs between the Defendant and the Defendant on March 24, 201, the Defendant’s seven multi-family houses for the first floor parking lots and approximately 83.75 square meters [276.85 square meters and three decimal places (hereinafter the same shall apply] of this building

(3) The construction period x 3.5 million won) and the same year from March 24, 2011.

7. up to 20.20. A contract for construction works that is to be newly constructed by setting the total contract amount of KRW 290,300,000 (hereinafter “instant contract”) was concluded and a special agreement was concluded with the following terms and conditions (hereinafter “instant special agreement”).

When calculating a building after completion, 8.3 million won shall be deducted.

After completion, studio air conditioners, washing machines, and air conditioners shall be included by the contractor.

After the completion of new construction works, the floor of the rooftop shall be expanded.

The studio room following the 1st floor parking lot shall be established.

B. According to the “F Housing New Plan” (No. 2) which is a design drawing attached at the time of the instant contract and at the time of the construction permission, the said multi-family house building (hereinafter “instant building”) is a 4-story building, the building area under the Building Act is 62.92m2, the total floor area is 169.48m2, and the area by floor is 10.13m2 in the stairs room on the 1st floor (the parking lot is a parking lot for the 1st floor), 54.1m in the 3rd apartment house on the 2nd, 3rd apartment house, 51.15m in the 4th apartment house per household, and 7.5m in the stairs room on the 8m wide, and the length of each floor of the instant building abutting on the 3m wide road is 8m wide, 7.5m in the width of each floor, 2.5m in the 3rd apartment tower, and 3.5m in the width of the 5m.

C. On March 28, 2011, the Defendant began construction of the instant building and obtained approval for use on August 16, 201. The “building status map (Evidence 3)”, which is a design drawing at the time of completion, is the 8.8m of the length of each floor of the instant building, 7.4m of the width, 2.5m of the length of the stairs room of the rooftop, 3m of the width, and the current status of the building on the building ledger (Evidence 2 of the A), shall be 10.13m of the stairs room of the first floor, 2, and 3rd multi-family houses of 53.08m of each apartment house of 3rd and 4 floors.

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