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(영문) 서울남부지방법원 2010.02.09 2009가합2591
소유권보존등기말소등
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The defendant is a contractor who has sold B apartment houses and officetels in Yangcheon-gu Seoul Metropolitan Government (hereinafter referred to as “instant apartment and officetel”), and the plaintiff (Appointed Party) and the designated parties listed in the attached Table (1) (hereinafter referred to as “the plaintiff, etc.”) are those who have sold the instant apartment or officetel from the defendant or succeeded to it from the buyer.

B. (1) The Defendant obtained a building permit from the Yangcheon-gu Office on June 16, 1997 for the purpose of constructing a department store in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with the permission for the first modification of the design on October 1, 1997, and the second modification of the design on March 31, 1998.

On June 17, 2000, the defendant obtained permission for the third design change, and changed the construction object into two main multi-purpose apartments (A 69 stories and C 54 stories), one officetel (B 63 stories and 63 stories), one department store (6 stories).

In addition, since around the time, the sales advertisement of the instant apartment and officetel (hereinafter “C”) was commenced through the primary sales guide (A12) and the sales of the instant apartment and officetel (hereinafter “the first sales order”). (2) The Defendant promoted the fourth design change with the content that the instant apartment and officetel (B Dong) was composed of 63 to 59 floors after the first sales order, the department store was composed of 63 to 8 floors, and the location, size, etc. of other auxiliary facilities. From May 2001 to May 2001, the Defendant advertised the sales order with the second sales guide (hereinafter “the second sales order”) that reflects such design change, and the Defendant prepared a new sales contract that reflects the above design change.

In the process, some buyers have terminated the sales contract.

(3) On September 12, 2001, the defendant obtained permission from the Yangcheon-gu Office for the above fourth design modification, and on March 15, 2002.

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