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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. On December 27, 2016, Defendant C and D completed registration of preservation of ownership as to each of 1/2 shares among the 13th floor business facilities and Class I neighborhood living facilities (hereinafter “instant condominium building”) of the 1-2 unit of reinforced concrete structure, reinforced concrete structure, reinforced concrete roof, and 1-2 unit of the building in Bupyeong-gu Incheon Metropolitan City.
Defendant E entered into a sales agency agreement with Defendant C and D on the instant aggregate building and vicariously performed the sales of the units of this case on behalf of the said Defendants.
B. On December 15, 2016, Plaintiff A entered into a sales contract of KRW 187,000 for the sale price of KRW 1303,59,000 for the instant aggregate building (hereinafter “1303”) with Defendant C and D (hereinafter “1303”), and completed a registration of ownership transfer as to January 18, 2017; and Plaintiff C and D reside in 1303 until then. (c) Plaintiff B entered into a sales contract with Defendant C and D for the sale price of KRW 1301,72.47 square meters among the instant aggregate building (hereinafter “1301 square meters”); and Plaintiff B entered into a sales contract of KRW 1303 and each subparagraph “each subparagraph of this case”) and resided in the registration of ownership transfer as to the sale price of KRW 206,00,000 for the instant aggregate building from January 13, 2017 to March 13, 2017.
The first floor of the instant aggregate building has five rooms for retail stores, six rooms for business facilities (officetel) for each floor from the second to the 12th floor. However, only three rooms for the third floor (1301, 1302, and 1303) exist, and the remaining area of the aggregate building shall be the interior form (referred to as the rooftop of the 12th floor of the instant aggregate building; hereinafter referred to as the “the building”).
However, in order to enter the above theme, the inside of each of the units of this case must be necessarily passed as follows, so it is virtually impossible to access other sectional owners than the plaintiffs.
E. The plaintiff A is entitled to this case.