(영문) 서울고등법원 2015.12.16 2011나37607

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(영문) 서울고등법원 2015.12.16 2011나37607

발코니확장비반환

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1. All of the plaintiffs' claims that have been changed in exchange in the trial are dismissed.

2. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. On December 28, 2007, Plaintiff N transferred the status of the purchaser of the sales contract, which was already concluded on December 31, 2007, with respect to No. 202, No. 1701, No. 735,000,000, and Plaintiff L succeeded to the status of the purchaser of the sales contract, which was first concluded on December 31, 2007, as to No. 202, No. 1202, No. 202, No. 1701, and No. 1702, No. 1202, Dec. 31, 2007.

(hereinafter referred to as “instant sales contract”). B.

Plaintiff

On June 23, 2008, N entered into a balcony extension contract with the Defendant to extend the balcony of 202 Dong 1701 to KRW 18,820,000. On June 22, 2008, the Plaintiff L succeeded to the buyer’s status of the balcony extension contract entered into on June 22, 2008 with respect to the instant apartment of 202 Dong 1202 Dong 1202 (hereinafter each of the instant apartment of this case’s “the instant balcony extension contract”). The supply amount of the balcony extension contract of this case’s balcony extension contract and the Plaintiffs’ payment amount are as listed below.

[ table] The amount to be paid for the supply amount of the same unit of the Plaintiff’s contract date as the unit of the Plaintiff’s contract date and 1 L/ 12,300,000 9,000,000 2N on June 23, 2008 202 1701 18,820,000,000 on June 23, 2008

C. The sales contract of this case includes the right of rescission and penalty that can be reverted to the seller with the penalty for breach of contract of this case, but does not include the right of rescission and penalty of the buyer for delay of occupancy, if the buyer committed an act contrary to the sales contract of this case, such as delaying the payment of the intermediate payment or the remainder. In this case, the sales contract of this case includes the right of rescission and penalty that can be reverted to the buyer with the total value of 10% of the supply value as the penalty for breach of contract.

In addition, the contract to expand the balcony of this case is terminated or cancelled.

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