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(영문) 서울서부지방법원 2017.05.25 2016가단28623

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts: (a) On May 17, 2013, the Plaintiffs entered into a sales contract with the Defendants on the purchase price of KRW 650 million (hereinafter “instant sales contract”); (b) on the purchase price of KRW 650 million, including the down payment of KRW 65 million, the intermediate payments and the remainder payments, etc.; and (c) under the supervision of the Defendants, the Plaintiffs have significant defects that lack stability to the extent that people can live in the instant building, such as equal heat, etc., in the instant building.

The plaintiff asserts that the contract of this case was cancelled or erroneously cancelled on the ground that there was an illegal change in the structure of the balcony or the third floor balcony, and filed a lawsuit against E seeking payment of the purchase price and the damages equivalent to the down payment already paid by this court 2013Gahap32833. However, on August 28, 2014, the above court's "the building of this case is a building for which about 22 years have elapsed since it was constructed, but there is a defect in the construction of the building, which does not have stability to the extent that people can live," and the structural change of the balcony of the third floor is not prohibited under the current law, and its approval for use and registration was completed after examining the current status of the building. The plaintiffs concluded the contract of this case with the defendants as well as the above individuals, and there is no reason to cancel or cancel the above contract of this case. < Amended by Act No. 3070, Aug. 28, 2014>