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(영문) 서울서부지방법원 2016.01.22 2015나32916
매매대금반환
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Facts of recognition;

A. On June 27, 2002, H newly constructed multi-household housing and neighborhood living facilities (20.58 square meters of underground floor, 120.58 square meters of underground floor, 179.98 square meters of underground floor, 179.52 square meters of underground floor, 269.52 square meters of underground floor; hereinafter “instant building”) on the land of Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, Seoul around June 27, 2002, on the land of which multi-household housing 113.07 square meters of exclusive ownership, 48.75 square meters of parking lots of common area, 48.75 square meters of underground floor of common area, and 7.63 square meters of a stairs room, on June 29, 2002, H completed the registration of the preservation of ownership of an aggregate building with the area of a building 81.01 square meters as to the site 01 square meters on June 29, 2002.

(hereinafter “instant case No. 01”). B.

However, as a result of the provision on the restriction on the total floor area of multi-household houses, H filed a report on the construction report of the second generation of the first floor of the instant building with the party, which was a new construction design of the instant building, by incorporating “the medical room 2” as indicated in the attached drawings, into the 02-1st underground floor No. 168.77 square meters (hereinafter “instant site No. 02”) and actually installing a wall in the middle of the above medical room 2, and constructed a door leading to the 01st place adjacent to the instant land No. 01 (area No. 18.5 square meters; hereinafter “the instant room”) for use in the instant land No. 01.

C. And around July 19, 2002, B purchased No. 01 of this case from H and completed the registration of ownership transfer under its own name on August 19, 2002, and occupied and used the instant land 01 and the instant room parts from that time.

Defendant C is a licensed real estate agent operating the “I Licensed Real Estate Agent Office,” and on March 10, 2013, the deduction amount is below KRW 100,000,000 in order to guarantee the liability for damages that Defendant C, a mutual aid holder of the Defendant Association, bears to the broker due to his illegal act or default.

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