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(영문) 서울고등법원 2017.04.13 2016나2007539
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Defendant’s two underground floors of the D building and the sales project 1) around 2008 is the second underground floors (one exclusive section: sales facility, exclusive area use: 3,691.20 square meters) of the Eunpyeong-gu Seoul building (the size of underground 8 and 16 floors) (the size of underground 16 floors) (the sales facility, exclusive area use area: 3,691.20 square meters) (hereinafter the above D building is the whole building of this case; 2 underground floors of this case, regardless of whether before and after the

(2) Around March 2008, the Defendant filed an application for change of the distribution register of collective building with the content of dividing the 2nd underground floor of the instant commercial building into 480 stores (2,307.42 square meters of exclusive use area, 1,383.78 square meters of passages/ice 1,383.78 square meters of exclusive use area), such as the attached position drawings, in the Eunpyeong-gu Seoul Metropolitan Government.

3) In Eunpyeong-gu Seoul Metropolitan Government, without visiting the second underground floor of the commercial building of this case or confirming its status through pictures, etc., the Defendant’s performance commitment to the effect that “the Defendant shall comply with the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) and the Act on the Sale of Buildings in connection with the Conversion of Building Register, and furthermore, if the said Act is not complied with, the Defendant shall be held liable for civil and criminal liability therefor (hereinafter “instant performance commitment”).

On March 24, 2008, the Plaintiff divided the 2nd underground floor of the instant commercial building into 480 stores on the aggregate building ledger as the Defendant’s application. Accordingly, on April 3, 2008, the registration of division was completed on April 3, 2008 by dividing the 2nd underground floor of the instant commercial building into 480 stores. (B) On May 7, 2009, the Plaintiff B entered into each of the instant sales contracts and the Defendant’s consent to guarantee the payment of profits. (3) On May 7, 2009, the sales contract between the Defendant and the 150,217,000 won (including value added tax; hereinafter the same shall apply) for the 2nd underground floor of the instant commercial building, and between the Defendant and the Defendant on February 26, 2010.

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