Suwon District Court Ansan Branch 201Gadan49202 (O4. 18, 2012)

It is reasonable to deem that a sales contract was concluded with a family room of a broad area as an object of sale.

In light of the fact that the sales team entrusted with the sale of multi-household houses in units of multi-household houses had the Plaintiff reside in the heading room of the larger area after receiving only the value of the unit of the narrow area of the number of rooms, and that the heading room of the wide area is erroneously marked differently from the register of the register of the buildings and the register of collective buildings, it is reasonable to deem that the sales team concluded a sales contract with the large area of

2012Na17636, such as cancellation of ownership transfer registration.

IsaA

ParkBB 6 others

Suwon District Court Decision 2011Na49202 Decided April 18, 2012

December 5, 2012

December 26, 2012

1. Of the judgment of the court of first instance, the part against the Plaintiff against the Defendant ParkB shall be revoked. Defendant ParkB shall implement the procedure for the registration of ownership transfer on June 18, 2002 with respect to the real estate listed in the separate sheet to the Plaintiff.

2. The remaining appeals by the Plaintiff against the Defendants are all dismissed.

3. The total cost of litigation between the Plaintiff and Defendant ParkB is borne by Defendant ParkB, and the costs of appeal between the Plaintiff and the Defendants are borne by the Plaintiff.

1. Purport of claim and appeal against Defendant ParkB

Paragraph (1) shall apply.

2. The purport of the claim and appeal against the remaining Defendants

The judgment of the first instance is revoked. The judgment of the court of first instance shall be revoked. The real estate listed in the separate sheet to the defendant ParkB, the registration of ownership transfer made on October 11, 2007 in Suwon District Court, the lastCC, the registration of ownership transfer made on October 11, 2007, and the defendant PP Credit Union completed on October 11, 2007 under the receipt of No. 10005 on October 11, 2007, and the registration of cancellation of the ownership transfer registration made on the name of the defendant PP Credit Union, and the defendant City expressed its intention of each acceptance on the registration of cancellation of the ownership transfer registration made on the name of the defendant PCC.

1. Basic facts

A. Defendant ParkB newly constructed a multi-household on the ground of 000 OOB in Ansan-si, and on the first floor of the above multi-household house, a room with an exclusive area of 56.83 square meters in the left side, and on the upper side, a room with an exclusive area of 72.175 square meters in the upper part.

B. On April 26, 2002, Defendant ParkB entered a house with the exclusive use area of 72.175 square meters for the above multi-household as the OO 000 heading 000 above (hereinafter “00 heading 00), and a house with the exclusive use area of 56.83 square meters on the 1st floor with the 000 heading 000 above the 56.83 square meters on the 1st floor (hereinafter “00 heading 00), and the ownership registration is also made on the 1st unit building ledger.

C. On May 26, 2002, the Plaintiff entered into a sales contract with Defendant ParkB on one of the first floors of multi-household housing, and entered into a sales contract with Defendant ParkB on 000.

D. The Plaintiff’s ownership as to 000 around July 18, 2002 on the ground of sale on June 18, 2002

After completing the registration of relocation, residents are residing in 000 around that time.

E. Defendant LCC completed the registration of ownership transfer on October 1, 2007 with respect to 000 around October 11, 2007, and Defendant PP Credit Cooperatives (PP Credit Cooperatives) around October 11, 2007

The registration of creation of a collateral security has been completed.

F. After completing the registration of ownership transfer in the name of Defendant LCC with respect to Defendant Ansan-si, Defendant Republic of Korea, Defendant National Health Insurance Corporation, and Defendant Incheon Metropolitan City 000, each registration of seizure has been completed.

[Grounds for Recognition] The non-contentious facts, Gap evidence 1 and 2, Eul evidence 2, and evidence 3, and the purport of the whole pleadings

2. The plaintiff's assertion

The Plaintiff purchased 000,000 square meters in total among the first floor of multi-household housing from Defendant ParkB, which is 72.175 square meters in total, and 000,000 square meters in total, on which the first floor of multi-household housing is 72.175 square meters in total.

The term "00 headings" and "00 heading 000 heading 56.83 square meters in size, and the plaintiff's registration of ownership transfer with respect to 000 heading, while the maximumCC, which the plaintiff purchased 00 heading from defendant ParkB, completed the registration of ownership transfer with respect to 000 heading, but the registration of ownership transfer of defendant LCC is registration of invalidity for lack of real right agreement.

Therefore, the Plaintiff, and Defendant ParkB, have the right to claim ownership transfer registration based on a sales contract of 000, and Defendant ParkB seeking the ownership transfer registration of 000 with respect to Defendant ParkB, and, in subrogation of Defendant ParkB, seek the registration of cancellation of ownership transfer registration of 00 with respect to Defendant PP Credit Cooperatives, and seek the consent to Defendant PP Credit Cooperatives for the registration of cancellation of ownership transfer registration of Defendant PPFC, Defendant Ansan-si, Defendant Republic of Korea, Defendant National Health Insurance Corporation, and Defendant Incheon Metropolitan City.

3. Determination

A. As to the claim against Defendant BB

The key issue of the instant case is what is the subject matter of the sales contract agreed between the Plaintiff and Defendant ParkB, and it is not easy for the Plaintiff and Defendant ParkBBB to confirm whether the actual area of the exclusive ownership portion is 72.175 square meters or 56.83 square meters, unless the Plaintiff actually measured the area and the actual area of the exclusive ownership portion is 72.175 square meters or 56.83 square meters. In light of the fact that it is difficult for the Plaintiff and Defendant ParkBB BB to confirm that the sales team, which it was entrusted to the Plaintiff, had been 00 square meters or more, had the Plaintiff reside in a larger area and 00 square meters, and that the Plaintiff confirmed and purchased the subject matter of sale and purchase and confirmed the structure, etc., and that the Plaintiff had the obligation to enter into the sales contract as to the subject matter of sale and purchase as 00 square meters or more, but the Plaintiff had the obligation to enter into the sale and purchase registration as 00 square meters or more.

B. As to claims against the remaining Defendants

According to the overall purport of the statement and argument as to No. 6, Defendant ParkB, around September 6, 2007, leased No. 00 to J, and the lease agreement provides that the area of the section for exclusive use is 72.175 square meters or more, and Defendant ParkB claims that the Plaintiff additionally claimed the purchase price, and that Defendant ParkB purchased and sold No. 000, or 000, or 000, or 00, or 00, or 000, or 00, or 00, or 00, or 00, or 00,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00.

4. Conclusion

Then, the plaintiff's claim against the defendant ParkB shall be accepted due to its reason, and the plaintiff's claim against the remaining defendants shall be dismissed due to its reason. Since the judgment of the court of first instance is unfair with some different conclusions, the part against the plaintiff against the defendant ParkB in the judgment of the court of first instance shall be revoked, and the plaintiff's claim against the defendant ParkB shall be accepted, and the plaintiff's appeal against the remaining defendants shall be dismissed due to its reason, and it shall be dismissed, and it shall be so decided as per Disposition.