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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 constructed two apartment buildings (A1 Dong and A2 Dong; hereinafter referred to as the “instant apartment buildings”) with the name of “G” on the ground, such as Guro-gu Seoul Metropolitan Government F, and one complex facility building with business sales culture and assembly accommodation facilities, etc. (hereinafter referred to as the “instant commercial building”).
B. On August 7, 2007, Plaintiff A entered into a contract with the Defendant for the purchase price of KRW 1,111,050,000 among the instant apartment units; Plaintiff B entered into a contract with the Defendant for the purchase price of KRW 1,111,05,00 among the instant apartment units; KRW 959,850,000 among the instant apartment units; and Plaintiff C and D, on September 17, 2007, with the Defendant and the instant apartment units of KRW 1713 of the sales price of KRW 1,11,050,00 among the instant apartment units, respectively.
(hereinafter “each of the instant sales contracts”) C.
Plaintiff
A paid 11,067,950 won in total over two occasions on August 7, 2007 and September 13, 2007, and 111,067,950 won in total, and Plaintiff B paid 96,706,480 won in total over six times from August 10, 2007 to January 17, 2008, and Plaintiff C and D paid 11,106,000 won in total over six times on September 17, 2007 and October 5, 2007 as the down payment for each of the instant sales contract to the Defendant.
[Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings
2. The parties' assertion
A. The plaintiffs' assertion that the commercial building building of this case to be constructed in front of the apartment of this case was permitted by setting the 16th height of the apartment of this case, and the plaintiffs believed that the commercial building of this case will be constructed as such and concluded each contract for the sale of this case with the defendant.
Article 17 (2) of the sales contract of this case provides that the defendant shall notify the plaintiffs of the partial change of the sample house, various printed materials, etc., but the defendant in violation of this provision shall change the height of the commercial building of this case to the height of the 23th floor of the apartment of this case without any notification, and obtain approval for the change of the business plan.