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(영문) 광주지방법원 2017.01.20 2015가합60445
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 3, 2011, the Plaintiff entered into a sales contract with Defendant C, a licensed real estate agent, to purchase KRW 428,00,00 for the purchase price (hereinafter “each of the instant real estate”) and KRW 4th floor buildings on the land and its ground (hereinafter “instant building”) in Seo-gu and Gwangju, Seo-gu, and to purchase the said land and the instant building together (hereinafter “instant sales contract”), and was issued by Defendant C with a description of confirmation of the object of brokerage (hereinafter “instant sales contract”).

Defendant D is an employee of Defendant C.

B. On November 3, 201, the date of the contract, the Plaintiff paid the Defendant B KRW 20,000,000 for the down payment of KRW 250,000 for the intermediate payment of KRW 250,000,000 for the 21st of the same month, and the remainder of KRW 125,00,000 for the 15th of December of the same year, respectively, and the remainder of KRW 33,00,000 was replaced by the Plaintiff’s succession to the above Defendant’s obligation to return the lease deposit against the lessee of the instant building.

On December 13, 2011, the Plaintiff completed the registration of ownership transfer of each real estate in this case under the name of Gwangju District Court No. 254715.

The violation of the Building Act - the non-violation of the violation - the expansion of one story without permission (refluence concrete, neighborhood living facilities 33.6 square meters) - the expansion without permission of two stories (refluence concrete, housing, 39.6 square meters) - the expansion without permission of three stories (refluence concrete, housing, 39.6 square meters) - the increase in the number of households with two stories (the area of the second floor, 92.37 square meters) - the increase in the number of households with three stories (the area of the third floor, the area of the third floor, 92.37 square meters)

C. Around 2006, Defendant B newly constructed the instant building and completed the preservation registration under its name. The said building was constructed since the completion of construction in excess of the permitted area, and the two and three floors permitted for one household were divided into three households.

The head of Seo-gu Seoul Metropolitan City or below shall be the head of Seo-gu.

On October 14, 2015, Defendant ordered the Plaintiff to remove the instant building by November 16, 2015, on the grounds of the following violations of the Building Act, and if not, it is scheduled to impose a non-performance penalty.

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