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(영문) 창원지방법원통영지원 2014.05.27 2012가단9187
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements or images set forth in Gap evidence 1 to 3, 6, 7, 12, and Eul evidence 5 to 7 (including paper numbers) and the whole purport of the arguments as a result of on-site inspection by this Court:

The Defendant newly constructed and sold seven apartment units with a total of 636 households (hereinafter “instant apartment units”) on the land outside 22,850 square meters in Tong-si, Dong-si, B, and four parcels, and completed the registration of ownership preservation on August 3, 2010 with respect to the instant apartment units on the following grounds: (a) the Defendant obtained approval for use of the instant apartment units on July 23, 2010; and (b) completed the registration of ownership preservation on August 3, 2010.

B. The rest of the Plaintiffs except Plaintiff D are the buyers of each of the pertinent households indicated in the column for column of the Plaintiff’s list among the Plaintiff’s 107 apartment buildings of this case, or those who succeeded to the status of buyers, and have completed the registration of ownership transfer with respect to all of the pertinent households or 1/2 of the pertinent units.

C. Meanwhile, Plaintiff D (attached Form No. 65) purchased 107 dong 2103 of the instant apartment from Nonparty E and F, who completed the registration of ownership transfer on November 3, 201, and completed the registration of ownership transfer on December 1, 201, after purchasing the said 2103 from Nonparty E and F.

Since the parking lots of the apartment of this case are not divided into spaces for each Dong, all households can use the entire parking lots of the first and second floors underground without distinction by Dong.

However, the underground elevators connected to 101 units or 106 units of the instant apartment are installed in the 1st and second units underground parking lots, while the underground elevators connected to 107 units 1-2 units of the instant apartment are installed only in the 1st floor parking lots, and there is no underground elevators connected to 3-5 units of the instant apartment.

Therefore, each of the residents of the 107-dong apartment units of this case is located in the parking lot of the 1st and the 2nd underground.

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