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(영문) 서울서부지방법원 2015.05.07 2014가합4620
부당이득반환등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants newly constructed the 7th apartment on the land in Mapo-gu Seoul Metropolitan Government with 19 household units, and obtained approval for the use on March 23, 2012, and completed registration for the preservation of ownership on April 2, 2012 by 1/2 each of them with respect to the 19 household units of I apartment units on April 2, 2012.

B.1) On May 30, 2012, Plaintiff A entered into a sales contract with the Defendants to purchase I apartment units 501 KRW 420 million, and paid the purchase price, and completed the registration of ownership transfer in its name on August 10, 2012. (2) Plaintiff B entered into a sales contract with the Defendants to purchase I apartment units 601 KRW 375 million, and completed the registration of ownership transfer in its name on October 12, 2012.

3) On July 25, 2012, Plaintiff C entered into a sales contract with the Defendants to purchase I apartment units 602 KRW 370 million, and paid the purchase price, and completed the registration of ownership transfer under that name on August 27, 2012. 4) Plaintiff D entered into a sales contract with the Defendants to purchase I apartment units 702 KRW 310 million and paid the purchase price, and completed the registration of ownership transfer under that name on July 13, 2012.

5) On May 17, 2012, Plaintiff E and J concluded a sales contract to purchase I apartment units 703 billion won with the Defendants and completed the registration of ownership transfer on June 19, 2012 in their respective names, including five households purchased. (c) Plaintiff E and J concluded a sales contract to purchase I apartment units 703 million won, and completed the registration of ownership transfer on June 19, 2012 in their respective names. The portion of I apartment units (501, 502, 601, 602, 701, 702, and 703, including the five households purchased by the Plaintiffs, was extended on March 23, 2012.

The head of Mapo-gu Seoul Metropolitan Government issued a corrective order on August 14, 2013 and October 11, 2013 to order the Plaintiffs to restore to its original state by removing the illegally expanded parts, etc. on a fixed deadline on the two occasions, but he/she did not comply with the order. However, the Plaintiffs on November 13, 2013.

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