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(영문) 서울고등법원 2018.11.23 2018나2029137
계약금등 반환
Text

1. All appeals filed by the plaintiffs (appointed parties) and the remaining designated parties are dismissed.

2. The appeal costs.

Reasons

1. The reasons why the court of the first instance as to this case are stated are as follows: (a) among the third and third of the judgment of the first instance, the part of the 3rd and the 3rd and lower of the 3rd and the part of the 3rd and lower of the 3rd and the judgment of the plaintiff et al. on the argument that the plaintiff et al. specifically emphasized or newly raised as the grounds for appeal in this court is as stated in the reasoning of the first instance judgment, except for adding Paragraph (2).

2. Determination on grounds for appeal, etc.

A. First of all, in supplying each of the instant households to the Plaintiff et al., the Defendant calculated the area of the section for exclusive use on the basis of the center line of the wall body rather than the interior line of the outer wall, and the outdoor machine was installed in the section for exclusive use, not the section for common use.

As a result, the area that the plaintiff et al. can use as the actual section for exclusive use falls short of the exclusive area stipulated in each sales contract.

In addition, the defendant should install a balcony in all of the households of the building of this case, but the plaintiff et al. did not install a balcony in each of the households of this case.

Accordingly, the plaintiff et al. cancelled each of the sales contracts of this case for reasons of impossibility of performance or shortage of quantity.

Furthermore, as seen earlier, the Plaintiff et al. concluded each sales contract of this case due to mistake in the area for exclusive use and the expansion of balcony, or deception by the Defendant.

Accordingly, the plaintiff et al. cancelled each of the sales contracts of this case on the grounds of mistake or fraud.

Therefore, the Defendant primarily intended to return unjust enrichment from the cancellation or cancellation of each of the instant sales contracts to the Plaintiff, etc., and the Plaintiff was entitled to KRW 9,700,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,

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