logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.06.28 2015가합50047
매매대금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company that newly constructs and sells a D apartment on the land above C and 44 parcels (hereinafter “D apartment”) at the two weeks of the game.

B. The Plaintiffs heard explanation and consultation on the above apartment from the Defendant’s employees F and G (hereinafter “F, etc.”), and Plaintiff A entered into each sales contract (hereinafter “each of the instant sales contracts”) as to the above apartment Nos. 205 and 505 on February 16, 2012, and Plaintiff B entered into each of the sales contracts (hereinafter “each of the instant sales contracts”) as to February 17, 2012, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 and 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. Newly constructed a commercial building (hereinafter “instant commercial building”) at a location close to the D Apartment 205, 503, and 505 (hereinafter “each apartment of this case”) which is the object of each apartment sales contract of this case. The height of the instant commercial building is limited to a half to 2/3 of the entire apartment of this case, and thus, it may infringe the view right and sunshine right of each apartment of this case contracted by the plaintiffs and infringe on the privacy of residents.

Nevertheless, at the time of each of the sales contracts in this case, F et al. explained falsely to the effect that “F et al. are scheduled to be the three floors, not going up to the height of the apartment of this case, which is an absolute five floors, and that this is no longer responsible,” and that D apartment sales advertisement also made a false advertisement on the distance between each of the apartment of this case and the commercial buildings of this case.

In addition, F et al. entered into a sales contract for each apartment of this case because D Apartment 208, 209 had already been sold at the time of each sales contract of this case, the plaintiffs had no choice but to enter into the sales contract for each apartment of this case. In fact, the above 208, 209, at the time of each sales contract of this case was not completed.

As such, since each contract of this case was concluded by the deception of the defendant, each of the above contracts is concluded.

arrow