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(영문) 서울고등법원 2016.06.16 2015나31089
손해배상
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is revoked.

Reasons

In fact, the Plaintiff entered into a sales contract with the purchase price of KRW 187,00,00,000 of the Yongsan-gu Seoul, which is scheduled to be newly built between B and B on May 19, 2007, with the purchase price of KRW 101,00,00,000,000, for each purchase price of KRW 175,000,000,000,000 for the purchase price of KRW 201,000,00,000,000, which is located in Yongsan-gu, Seoul, Yongsan-gu and multi-household 101,00,00,000,000,000 (hereinafter collectively referred to as the “instant sales contract”), and each of the instant sales contracts (hereinafter referred to as the “instant sales contract”), indicating the subject matter of the sales contract as the list next to it.

B The apartment building register was created on November 18, 2007 by newly building five-story housing units of reinforced concrete structure, five-story apartment buildings for neighborhood living facilities, and the apartment building register was established on the ground of Yongsan-gu Seoul, Yongsan-gu, Seoul, and the use of the aggregate building register was all stated on the aggregate building register as the "office".

(hereinafter “instant real estate”). The Plaintiff completed each registration of ownership transfer on December 4, 2007 with respect to the instant real estate on December 4, 2007.

On the other hand, around October 2008, the Plaintiff received a notice from the Yongsan-gu Office to correct the violation of the Building Act by using the instant real estate as a house without permission. However, the Plaintiff did not correct it and received a disposition imposing a charge for compelling the performance of KRW 19,400,280 in total from 2009 to 2013.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1, 3, 4, 8, 9 (including each number; hereinafter the same shall apply), and the plaintiff's assertion of the purport of the whole pleadings, the defendant alleged that the defendant was served with a copy of the first instance court's complaint at "Seoul Gangnam-gu H and 19th floor" through clerical staff. As long as the judgment of the first instance was served with the above address, the judgment of the first instance against the defendant shall be served.

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