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(영문) 창원지방법원마산지원 2017.06.21 2016가합100843
매매계약취소 등
Text

1. The part of the plaintiffs' claim for the cancellation of the sales contract against the defendant D, and the lawsuit against the defendant C.

Reasons

1. Basic facts

A. On February 6, 2014, the Plaintiffs concluded a sales contract (hereinafter “instant sales contract”) with the Defendants to purchase KRW 975,000,000 from the Defendants for each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Defendants had already been using the 4th floor and 5th floor of the instant building without permission. In this regard, at the time of the instant sales contract, requested to enter the special terms stipulated under the sales contract as follows, and included the contents thereof.

After the completion of a building, the seller (referring to the defendants, hereinafter the same shall apply) is unable to claim all rights of the seller, and the buyer (referring to the plaintiff) does not raise any objection to this.

C. According to the instant sales contract, the Plaintiffs paid the purchase price to the Defendants on April 30, 2014, and the registration of ownership transfer was completed on the same day as the Plaintiffs on the same day.

On the other hand, around June 30, 2014, the Plaintiffs received an order to correct the 4th floor 53.72 square meters and the 11.52 square meters on rooftops, which are the parts illegally extended among the instant buildings from the Mapo-gu Office. The Plaintiffs included the content that enforcement fines may be imposed or accused if they do not take appropriate measures.

E. Thereafter, around August 24, 2015, the Plaintiffs received a corrective order to voluntarily remove 53.72 square meters on the fourth floor and 23.52 square meters on the rooftop of the instant building, which is the part illegally extended among the instant building, from the Magdong-gu Office of Mapo-si.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 11, 15 (including each number), Eul evidence 4, witness E's testimony, the purport of the whole pleadings

2. Sales Contract.

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