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1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The following facts may be found in each entry in Gap evidence Nos. 3 and 4 (including branch numbers; hereinafter the same shall apply) without dispute between the parties, or may be found by taking into account the whole purport of the pleadings:
On June 28, 2013, the Plaintiffs entered into a sales contract with the Defendant for E neighborhood living facilities in a housing site development zone (hereinafter “instant shopping complex”) with the content as listed below (hereinafter “instant sales contract”), and paid the said contract deposit to the Defendant.
Serial 101,10,00 won 28,10,100 won 28,111,000 won 2-1 (615 Dong), 305,110,200 won 30,211,000 won 305-1 (615 Dong) 105, 305,110,500 won 30,511,000 won 4 B (616 Dong) 102, 291,10,100, 205, 2010, 301, 301, 301, 105, 105, 205, 105, 29, 200, 100, 100, 100, 100, 160, 301, 301, 616, 306, 2016
B. Meanwhile, while constructing the above apartment complex, the Defendant installed a steel fence in the outer boundary part of the complex including the outer boundary part of the commercial building (615 dong, 616 dong, 616) stated in the attached drawing.
2. Determination
A. The gist of the Plaintiff’s assertion 1) The issue of whether a person can immediately enter the instant commercial building through an external road is an important matter that greatly affects the value of the commercial building. As such, the Plaintiffs asked the Defendant’s on-site construction manager to the effect that “the Plaintiff may immediately enter the instant commercial building via a green area,” and concluded the instant sales contract after having received the Defendant’s answer to the effect that “the Plaintiff may immediately enter the instant commercial building from outside a complex to a green area.” Meanwhile, the Defendant bears the duty under the good faith principle to notify the buyers before entering into the sales contract as to the important matters on the sales contract, such as the installation of a wall, notwithstanding the fact that the Defendant,