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(영문) 인천지방법원 2017.06.29 2016가단61398
부당이득금, 손해배상
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant is an executor who sold D Commercial Facilities in Yeonsu-gu Incheon Metropolitan City (hereinafter “instant commercial facilities”), and the Plaintiff and the designated parties (hereinafter collectively referred to as “Plaintiff, etc.”) have completed the registration of ownership transfer by entering into a supply contract (hereinafter “instant supply contract,” and the contract prepared at the time is referred to as “instant contract”) with respect to the E-dong Nos. 234, 235, 236, 237, and 238 (hereinafter collectively referred to as “instant commercial facilities”) among the instant commercial facilities.

B. According to the instant contract, each area of exclusive use, common area, underground parking lot area, and other public areas of the instant commercial buildings supplied by the Plaintiff et al. are specified, and the amount of supply is specified by the site price, building price, and value added tax, and the amount of supply is not specified by the use of each area.

The instant supply contract was concluded based on the total contract area, not on a different unit price for the exclusive use, public use, underground parking lot, and other public use of the instant commercial buildings.

C. The Incheon Metropolitan City Ordinance on the Installation and Management of Parking Lots, which was in force at the time of designing the instant commercial facilities, prescribes the number of parking spaces for each use as one unit per 100 square meters of facility area, one unit per 150 square meters of facility area, one unit per 70 square meters of facility area, and one unit per 70 square meters of facility area. The instant commercial facilities distributed the number of parking spaces for each use to the extent that the above criteria are fully satisfied, and accordingly, the area of underground parking lots distributed to the instant commercial buildings was specified.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, evidence 5 to 7, Eul evidence 1 to 3 (including provisional number), the purport of the whole pleadings

2. Determination

A. The plaintiff et al. concluded the instant supply contract with the defendant and concluded the instant supply contract.

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