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(영문) 대전고등법원(청주) 2017.05.16 2016나11869
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is a company that constructed and sold the instant apartment units H 101 Dong and 102 Dong and 24 households (hereinafter “instant apartment units”) at Cheongju-si, and the Plaintiffs are the parties who purchased part of the instant apartment units from the Defendant.

- 16 households of 95.7 square meters, 99 square meters, 8 households of 9,000 square meters, 99,000 square meters in actual occupancy charges of 130,000,000 won in 59,700,000 square meters in 95.7 square meters (29 square meters), 130,000 won in 130,700,000 won in 5.7 square meters in total (29 square meters) - 620,700,000 won in 3.3 square meters in total (3.3 square meters)

B. Around May 2014, the Defendant completed most of the construction works of the instant collective housing, and advertised the sale of the instant collective housing with the following contents from that time:

(hereinafter referred to as the “sale Advertisement of this case”). The public area of H, 101 Dong 202: the exclusive area of 76.70 square meters in the Cheongju-si: 18.123 square meters in the area of 18.123 square meters (the stairs room, L.V., and underground parking lot)

C. On October 21, 2014, Plaintiff A concluded a sales contract with the Defendant to purchase the instant apartment units of KRW 101 202,00 with the sale price of KRW 179,80,000. The “real estate indication” column of the said sales contract includes the following:

Plaintiff

C around October 2014, the sales contract was concluded between the Defendant and the Defendant for the purchase of the instant collective housing Nos. 102 101,00,000 won for the sale price. The phrase “property indication” of the said sales contract is indicated as follows:

The indication of property: The exclusive use area of the building consisting of H, 102 Dong 101, Dong 102, Dong 101, 76.7 residential public use area (fire/elevator) 11.22 and other public use area (the underground parking lot/mechanic) (the underground parking lot/mechanic) 8.8283 contract area, 12.8750, but the above area may be altered at the time of completion or alteration of the design, at the time of completion or alteration of the construction. Incidental facilities (public use): Roads, electricity, water supply and drainage and other ancillary facilities in accordance with the above display property.

E. On April 28, 2015, Plaintiff D purchases KRW 182,00,000 for the sales price of the instant collective housing Nos. 102,303 between the Defendant and the Defendant.

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