(영문) 서울서부지방법원 2020.10.22 2019가단212788

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(영문) 서울서부지방법원 2020.10.22 2019가단212788

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant are parties to the status of the parties, and they are parties to the status of the parties.

B. On September 2001, the Defendant, including the Defendant’s new construction of multi-household housing, newly built multi-household housing (hereinafter “instant building”) on the fourth floor of Seodaemun-gu Seoul Metropolitan Government 166.3 square meters (hereinafter “instant site”).

Unlike building permission, the defendant has failed to obtain approval from the head of Seodaemun-gu from the head of the Gu on the wind that expands section I without permission.

C. 1) Meanwhile, on June 5, 2001, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant with respect to the instant sales contract on June 5, 2001, there was a contract signed on June 9, 2001 (Evidence A2-1), and on June 5, 2001 (Evidence A-2-2) that the Plaintiff entered into the contract retroactively on June 5, 2005. Of the instant building between the Defendant and the Defendant, the second floor of the instant building (hereinafter “instant subparagraph D”) and the “instant E”).

) A sales contract was concluded to purchase the sales amount of KRW 190,000,000 (hereinafter “instant sales contract”).

(2) Around September 2001, the Plaintiff began to reside in the instant subparagraph D.

Around that time, the Plaintiff paid the full purchase price to the Defendant, but did not complete the registration of transfer of ownership with respect to the instant subparagraphs D and E.

As of September 20, 2005, the Plaintiff, including the preparation of a lease contract between the Plaintiff and the Defendant, leased the entire second floor of the instant building from the Defendant (the instant No. D, E) from September 20, 201 to September 19, 2003 (the lease deposit amount of KRW 190,000,00,00 from September 20, 200, and by a special agreement, the contract was concluded on August 20, 2001, with the content that “The Plaintiff shall enter into a renewal contract because it was lost as the contract was concluded on August 20, 201.”

(hereinafter referred to as “the instant lease agreement”). (e)

On October 13, 2005, J made the instant site, including a compulsory auction and a voluntary auction.

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