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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On March 28, 2008, the Plaintiffs (former Trade Name: New Chang Construction Co., Ltd.; hereinafter “Defendant”) entered into and revised the instant sales contract.
B) As between the Defendant’s newly built and sold, Gangnam-gu Seoul Metropolitan Government 602 multi-story apartment (hereinafter “instant apartment”).
() A sales contract was concluded with the content that the apartment building was sold in 6 billion won. According to the above sales contract, among the apartment buildings in this case, the total floor area of the building in this case was 600.23 square meters (=328.11 square meters, such as the area for exclusive use by the exclusive area of 32.12 square meters (i.e., the area exceeding 77.44 square meters for each household and other area for public use, 218.72 square meters). (ii) The Plaintiffs came to know that the total floor area of the building in this case among the apartment buildings in this case was less than 557.48 square meters [the area for exclusive use by the exclusive area of 265.82 square meters, such as the area for public use, 26.20 square meters for each household and other area of 69.37 square meters or more, 196.09 square meters]
Accordingly, on January 29, 2009, the plaintiffs and the defendant concluded a contract to specify the apartment of this case subject to the above sales contract according to the total floor area as of the completion date and reduce the sales price to 5.8 billion won.
(3) On February 6, 2009, the Plaintiffs completed the registration of ownership transfer with respect to each share of Plaintiff A, Plaintiff B, and Plaintiff B, 11/58, among the instant apartment buildings. (B) The Defendant, while constructing the instant apartment, extended the portion of the balcony 34.94 square meters in balcony on the seventh floor and the rear floor of the instant apartment building without permission.
(2) On March 26, 2009, the head of Gangnam-gu issued an order to correct the violation on November 16, 2009, the head of Gangnam-gu issued an order to correct the violation on the ground that the part of the balcony 73m2 is 17.62m2 and 29.05m2 in front of the 6th floor was extended without permission due to the violation of the Building Act.