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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On August 11, 2017, the Plaintiff entered into a real estate sales contract with the Defendant, each of the real estate listed in the separate sheet (hereinafter “instant real estate”).
1) A contract to purchase KRW 585,000,000 (hereinafter referred to as “instant contract”)
(2) On October 10, 2017, after paying the balance to the Defendant, the instant real estate registration was completed. (2) The instant contract, as a special agreement, includes “a sale contract at the present facility and the verification of the matters to be registered,” and “matters not stated in this special agreement shall be governed by the provisions of the Civil Act and the general practices for real estate sale and purchase” (Article 3).
B. 1) On the rooftop of the instant real estate, various temporary materials, such as soil, wastes, and chickenss, which the Defendant had resided, installed in or left alone in the past. On the third floor of the instant real estate, there were structures similar to the rooftop bank extended without permission by the Defendant. (2) The Plaintiff requested the Defendant to remove waste, etc. from the instant real estate rooftop, but the Defendant refused it, but the Plaintiff paid 15,69,500 won to the “C” (hereinafter “instant construction business”) around November to December, 2017, and disposed of and removed all the said waste, structures, etc.
3. In addition, since one wall of subparagraph D, among the instant real estate, has been illegally expanded to the backway adjacent to the instant real estate, the Plaintiff, who is likely to be subject to enforcement fines, paid KRW 3,795,00 to the instant construction business entity and carried out a construction project to remove and restore the relevant illegally expanded part.