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(영문) 대법원 2015.04.23 2011다63383
소유권보존등기말소등
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiff (appointed parties) and the appointed parties.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal No. 1, the court below acknowledged the facts as stated in its reasoning based on the evidence, and determined that although the phrase on the installation of the first floor and pedestrian squares, eight-story sports facilities, department store rooftop and auxiliary facilities (hereinafter “instant ancillary facilities”), the structure and area of the instant ancillary facilities are not specified by reflecting the details of the third design drawings prepared at the time, the ordinary design drawings clearly state that the details can be changed in the actual construction, and the above sale guide can also be used by the above sale guide, and the above guide's abstract statement stating that the Defendant's installation of the instant ancillary facilities and the above ancillary facilities will belong to the common use of the buyers at the time of the first sale contract, and does not include the contents that belong to the above auxiliary facilities as common use areas of the buyers at the time of the first sale contract, the court below held that the Defendant's installation of the instant ancillary facilities and the designated persons (hereinafter referred to as the "party to the sale contract") can not be included in the third floor structure and the area of the sports facilities.

In light of the relevant legal principles and records, the above determination by the court below is correct, and contrary to the allegations in the grounds of appeal, there are no errors in interpreting the contents of the sales

2. Regarding ground of appeal No. 2

A. The seller is not liable for the remainder of the apartment sale contract except for the first floor; or

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