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(영문) 서울중앙지방법원 2013.11.01 2012가합78554

손해배상(기) 등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant BC District Housing Association (hereinafter “Defendant Association”)

) The apartment house (hereinafter referred to as “instant apartment house”) is located within the whole zone of the Dongjak-gu Seoul Metropolitan Government land.

c) the new project (hereinafter referred to as the “instant project”);

In order to implement the project, the housing association established with the authorization of establishment from the head of Dongjak-gu on February 22, 2007 was approved by the head of Dongjak-gu on November 8, 2007, and obtained the approval of the project plan in this case from the head of Dongjak-gu. 2) The defendant Hyundai M&C Co., Ltd. (hereinafter referred to as the "Defendant company") is a contractor for the new apartment construction of this case from the

3) The Plaintiffs are those who purchased an exclusive area of 118 square meters (43 square meters; hereinafter referred to as “43 square meters”) from the Defendant Cooperative or a number of buyers who succeeded to the status of the sales contract from the buyers with the consent of the Defendant Cooperative. (B) The instant apartment was advertised for the sale of the instant apartment from around 2010 to the advertising complex, the sales guide, etc.; and (3) the said contents include the following: (a) the instant apartment was advertised for the sale of the instant apartment from around 2010 to the third generation of the 43 square meters and above; (b) the said contents include the following: (c) the system that guarantees the rights of the existing contractor even after the change of the future contract terms; and (d) the system that guarantees the rights of the existing contractor and equally applies the contract terms to the existing contractor (hereinafter referred to as “contract guarantee system”); and (b) the pleasant apartment housing with the size of 260,000 square meters and its shares, and (iii) the members’ opportunity to sell it from the association’s members.