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(영문) 창원지방법원 2018.05.31 2017가합513
손해배상(기) 등
Text

1. The defendant's stated amount in the "amount recognized by each plaintiff" in attached Form to the plaintiffs, and the amount so stated.

Reasons

1. Basic facts

A. The plaintiffs and the defendant as the defendant constructed a unit of 172 households with the exclusive use area of 76.671 square meters (hereinafter "30 square meters") on W-si land and the exclusive use area of 84.975 square meters (hereinafter "34 square meters") 312 households with the 14th floor (X-Ydong) or 15th floor (ZAdong) above (hereinafter "the apartment of this case") and leased the apartment for sale in lots for five years pursuant to the Rental Housing Act. The plaintiffs are the buyers of the apartment of this case who purchased each of the same subparagraph after renting the apartment of this case for five years pursuant to the Rental Housing Act. The plaintiffs are the first lessee of each of the same subparagraph, the right of lease, or the first lessee who newly entered into a lease contract after the removal of the lessee.

B. On March 17, 2010, the Defendant announced the invitation of occupants of the instant apartment complex, and advertised the instant apartment complex from around that time. In relation to the construction of balcony expansion, the Defendant only advertised the instant apartment complex as follows: (a) on July 2010, the advertisement was made as follows; (b) on the ground that “the construction of balcony expansion” was made, but around July 2010, the advertisement was made as follows: (c) “the construction of balcony expansion with a face value of KRW 7 million without compensation; and (d) the free construction of shower in the event of a shower worth of KRW 5 million” (hereinafter “instant advertisement”).

(2) A forest shall be held in the form of a forest.

C. The Defendant, from April 6, 2010, concluded the instant lease agreement and the conditions for conversion for sale in lots included therein, concluded a lease agreement with the lessee as to each subparagraph of the instant apartment complex (hereinafter “instant lease agreement”).

(A) The content related to conversion for sale in lots among the terms of the instant lease agreement is as follows (hereinafter “A”).

(1) Article 12 (Re-sale of Rental Housing in lots) (1) Where the said housing constitutes the rental housing under Article 16(1)3 and 16(1)4 of the Rental Housing Act, conversion to sale in lots under the following conditions:

1. The time of conversion for sale in lots of the housing above shall expire after the initial period for designation of occupancy expires;

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