logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.06.08 2015가합20755
매매대금반환
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a sales contract between the Plaintiff and the Defendant B, etc.) on March 10, 2014, the real estate indicated in attached Form 1 from Defendant B (hereinafter “each of the instant real estate”).

(2) Upon purchasing the purchase price of KRW 225,00,000 and completing the registration of ownership transfer in the name of the Plaintiff as of April 25, 2014, the Ulsan District Court received No. 43030 on April 25, 2014. Defendant C, as a broker, arranged the above sale and purchase contract between the Plaintiff and the Defendant B (hereinafter “instant sale and purchase contract”). Of the basic confirmation of the “verification and description of the object of brokerage” prepared by Defendant C in relation to the instant sale and purchase contract, the land use plan and the “building-to-land ratio limit” and the “building-to-land ratio limit” column of the matters concerning public law and transaction regulations are stated respectively as “60%” and “other restrictions on use and transaction regulations”.

A. Evidence of No. 3

B. Relevant Acts and subordinate statutes and municipal ordinances concerning the area subject to review of impact on the preservation of cultural heritage and the area subject to permission for the alteration of the current state on each of the instant real estate: 2) The Ulsan Metropolitan City Mayor adjusted the scope of the designated cultural heritage area of the Si-designated cultural heritage and the protection area surrounding the area, including D (relic E) located adjacent to each of the instant real estate, on December 24, 2008, pursuant to Articles 9, 71, and 75 of the former Cultural Heritage Protection Act (referring to the Act before it was amended and enforced by Act No. 9313, Dec. 31, 2008; hereinafter the same shall apply) and Articles 13 and 14 of the former Ordinance on the Protection of Cultural Heritage in Ulsan Metropolitan City (amended by Ordinance No. 1149, Jul. 8, 2010; hereinafter the “former Ordinance on the Protection of Cultural Heritage”).

In addition, Article 90 of the former Cultural Heritage Protection Act and Enforcement Decree of the former Cultural Heritage Protection Act (amended by Presidential Decree No. 21626, Jul. 7, 2009) will be enforced.

arrow