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(영문) 울산지방법원 2019.02.15 2017가단58139
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from June 20, 2017 to February 15, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On December 29, 2016, the Plaintiff entered into a sales contract: (a) purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”; (b) from the Defendant on the racing-si, the “C Ground Buildings” and the “D Ground Buildings”; (c) KRW 6,500,000,000 (hereinafter “instant sales contract”); (d) out of the down payment of KRW 60,000,000,000 for the down payment, KRW 30,000,000 shall be paid at the time of entering into the contract; and (d) the remainder of the down payment of KRW 90,000,000 for the intermediate payment of KRW 9,000 until January 31, 2017; and (e) the remainder of KRW 45,50,000,000 until June 30, 2017.

B. At the time of the instant sales contract, the Plaintiff paid to the Defendant a sum of KRW 30 million for partial down payment, KRW 30 million for the remainder of the down payment on January 3, 2017, and KRW 90 million for the intermediate payment on January 31, 2017.

C. The current status of illegal construction of each building of this case 1) Meanwhile, at the time of the conclusion of the sales contract of this case, the portion of illegal construction of the 7th class building extended or reconstructed without obtaining permission from the competent authority or filing a report with the competent authority (hereinafter “each illegal construction part of this case”).

(ii) there was a existing existence (specific details are as follows:

(3) The area of a warehouse (15.28 square meters in size) attached to a building (109.731 square meters in size) is extended between a building and a building (15.28 square meters in size). (6) The area of a warehouse (15.28 square meters in size) is extended between a building and a building.

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