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(영문) 울산지방법원 2018.08.07 2017가단58092
계약금반환 청구의 소
Text

1. The plaintiffs' claim is dismissed.

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

Reasons

(2) On May 3, 2017, the Defendant and the Defendant entered into a sales contract with the amount of KRW 1,183,00,000 for the purchase price (hereinafter “instant sales contract”); KRW 10,000 out of the down payment of KRW 121,00,000 for each contract date; and KRW 111,00,000 for the remainder of the down payment on May 4, 2017, as well as KRW 111,00,000 for the remainder of the down payment.

B. At the time of the above sales contract, the following contents are written in the contract:

This Agreement shall directly confirm various public books and the site and shall be executed in the present condition of the facility.

It is the price included in the sale price, and the current lease contract shall be succeeded by the purchaser.

The portion of the third floor Vietnam and the warehouse of the first floor are illegal buildings and contracts are concluded by the purchaser. The current status of lease by each floor is KRW 40,120,000 (excluding waterworks tax) for the first floor, KRW 20,80,000 (excluding management expenses of KRW 15,000) for the second floor, KRW 30,330,000 for the second floor, KRW 30,330,000 for E-ho 30,000 for the third floor, KRW 30,000 for the F-ho 30/320, KRW 50/350,00 for the H-ho 5,00 for the third floor, KRW 50/350,00 for the second floor (a difference

Among the objects of the instant sales contract, the building (hereinafter “instant building”) is a reinforced concrete building’s sloping roof, a detached house, and a Class II neighborhood living facility, and is entered into the 147.14 square meters of 147.14 square meters of 2 floors, 147.14 square meters of 3 floors, and 135.38 square meters of 135.38 square meters of 3 floors (A1), and the 1st floor of the instant building is the 82.5 square meters of Class II neighborhood living facilities, 64.625 square meters of multi-family houses, 64.343 square meters of multi-family houses, 60.7 square meters of multi-family houses, and 3 floors of multi-family houses.

Unlike the entry in the building ledger as a result of appraisal of the building of this case, some of the first floor housing units have been changed as follows as neighborhood living facilities.

[The entrance of a house and a toilet entered through stairs has not been constructed, and a corridor has been closed, and the entrance to the neighborhood living facilities shall be closed (use as a non-construction neighborhood living facility without a corridor).

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