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(영문) 수원지방법원안산지원 2019.01.17 2017가합8071
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. Defendant K Co., Ltd. (hereinafter “Defendant K”) is the executor of the sale business of the M (hereinafter “instant building”) in Silung-si, and among them, the part 1 to 3 floors above the ground is the owner of the instant commercial building. Defendant L Co., Ltd (hereinafter “Defendant L”) is the starting construction of the instant building.

B. Around 2015, the Plaintiffs concluded a sales contract with Defendant K for a specific lake among the instant commercial buildings as listed below.

(2) Each sales contract of this case (hereinafter collectively referred to as "each sales contract of this case") 1 A on September 3, 2015: N No. 407,425,002 B B on September 3, 2015; 388,075,00 C on September 3, 2015; 443,925,00 D on September 4, 2015; 55,75,75,005 E 646,075,00 on September 3, 2015; 30,06,075,006,006, F. 6,000 on September 3, 2015; 205, 305, 10, 106, 2305, 235, 205, 2045, 18, 2018, G. 18, 2015

C. The instant commercial building was completed around August 22, 2016, and around September 13, 2016, the registration of preservation of ownership was completed in Defendant K’s name.

The Plaintiffs paid the balance to Defendant K from the end of August 2016 to February 2, 2017, and paid the said sales price in full.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 11, Eul evidence No. 2 (including relevant numbers), the purport of the whole pleadings

2. The parties' assertion

A. In the course of selling the instant commercial building, the Defendants advertised that the instant commercial building will be constructed as the “multi-story commercial building” on the road banner, daily advertisement, Internet homepage, etc., and the model low-rises also displayed as a multi-story, and distributed the pre-story sales guide.

In addition, Defendant K’s X vice-director and Defendant L’s director explained to the Plaintiffs that this case’s commercial building will be constructed on a double floor, and that central heating and cooling facilities will be installed on the first floor, and that the test will be constructed on the first floor.

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