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(영문) 서울중앙지방법원 2015.03.26 2014가합535082
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s new construction of apartment and the sales contract with the Plaintiffs was concluded 1) The Defendant, according to the Housing Act, etc., set the Dongjak-gu Seoul Ydong as the business site and set up 22 apartment buildings (hereinafter “instant apartment”).

2) A new construction sale business (hereinafter “instant business”)

(2) On February 22, 2007, the head of Dongjak-gu Seoul Metropolitan Government obtained the authorization to establish a housing association. On November 8, 2007, the instant project plan was approved by the head of Dongjak-gu, the head of the Gu around November 8, 2007. (2) The instant apartment consists of 25 square meters (59 square meters), 33 square meters (84 square meters), and 43 square meters (118 square meters), and the Plaintiffs were the Defendant from March 2, 2010 to August 2012 or succeeded to the status of the sales contract from the buyer. The details of the sales contract concluded or succeeded by the Plaintiffs are as shown in the attached Table 2 sales contract.

B. From 2010 to 2010, the Defendant made the instant apartment sales advertisement through the advertising electric complex, the guide book for the sale in lots, and the Internet sale advertisement. The above contents included a 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”). The Defendant prepared a contract terms guarantee certificate stating the above contents to the Plaintiffs at the time when the Plaintiffs entered into the sales contract or succeed to the contract.

C. From 1209 to 1209, the Defendant’s union members from around 43 in the Defendant’s inside of the instant apartment to raise the result of the sale of the 43 square type among the instant apartment units, an opportunity to purchase the 43 square unit as a general purchaser after withdrawing from the Defendant among the union members.

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