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(영문) 서울고등법원 2014.11.06 2013나76323
손해배상(기) 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

Basic Facts

The defendant association as the parties is a housing association established to offer housing for local residents pursuant to the Housing Construction Promotion Act, etc., and the head of Dongjak-gu Seoul Metropolitan Government, and the head of Dongjak-gu, and the head of Dong around November 8, 2007, obtained the approval for establishment from the head of Dong on February 22, 2007 to implement the new apartment construction project (hereinafter referred to as the "instant apartment project") with the size of 127,528.80 square meters in 609.

The apartment building of this case consists of 25 square meters (59 square meters), 33 square meters (84 square meters), and 43 square meters (118 square meters). Among them, the Plaintiffs are the buyers who purchased 43 square households or their shares, or who succeed to the status of the sales contract from the buyer with the consent of the Defendant’s association.

From around 2010, the Defendant Association advertised for the sale of the apartment of this case through the advertising prior complex, the guide book for the sale in lots, the Internet sale advertisement, etc., and the contents of the above advertisement include the following expressions: (i) the content that “a household with at least 43 square meters old shall carry out the system that guarantees the rights of the existing contractor even if the contract terms are changed in the future, thereby equally applying the contract terms to the existing contractor (hereinafter “contract terms guarantee system”); and (ii) the phrase that “a neighboring park with a 260,000 square meters wide,” “a pleasant life with a 260,000 square meters green park,” and “a pleasant resale of the right to sell in lots,” and (iii) the Defendant Union, upon entering into a sales contract with the Plaintiffs, prepared and issued the contract terms guarantee certificate stating the above contents.

From 209 to increase the performance of the sale of 43 square meters of the apartment of this case among the members of the defendant association from around 2009, 43 square meters in the position of the general purchaser after withdrawing from the defendant association to the applicant.

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