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(영문) 대전지방법원 홍성지원 2018.08.23 2016가합551
분양대금반환
Text

1. The defendant against the plaintiffs the amount stated in the "request amount" sheet in the attached claim amount sheet and each of the above amounts.

Reasons

1. Facts of recognition;

A. The Defendant is a company that constructs and sells an officetel, which is an aggregate building located in Chungcheongnam-gun B (hereinafter “instant building”).

The plaintiffs received each sectionally partitioned part of the building of this case as indicated in the table of claim amount in the attached sheet from the defendant, or succeed to the purchaser status in the sale contract.

B. The instant building is a main complex building, which has officetelss from the first floor to the second floor, with the exclusive part of each partitioned building, with the parking lot in the underground of the section for common use, welfare facilities (health room/ Lao center), elevator room, stairs room, elevator, corridor, toilet for public use, management office room, selective distribution room, etc., and elevator room, stairs room, elevator, elevator, corridor, corridor, rooftop for each floor from the second to the seventh floor, and landscape gardening facilities on the rooftop.

C. The Defendant calculated the sale area (exclusive and common area) for each number of buyers at the time of the sale of the instant building. The area of welfare facilities (hyst and office) out of common areas is part of the number of office buyers, and included in the common area of officetels in proportion to the exclusive use area of each officetel. The remaining common areas are the common areas of neighborhood living facilities and officetels buyers, and are included in the common area of neighborhood living facilities and officetels in proportion to the exclusive use area of each officetel.

In addition, the area of calculated public use was written in the supply contract for buyers.

The structure of the first floor, second to seven floors of the building in this case, the structure of the underground floor is as shown in the attached Form 1 drawings, the second to seventh floors drawings, and the underground floor drawings.

1) In the drawings of the attached Form 1 floor, A, H, and I parts are as follows: an elevator room, a stairs room, and an elevator (hereinafter referred to as “carbon room, etc.”) respectively.

and D, E, F, G, and K are public toilets, and B, C, and J are corridors.

Part C D, E, F, G.

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