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(영문) 대전지방법원 2017.06.21 2016가합572
분양계약해제 손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The indication of property of 31.50 square meters and 12.017 square meters and 49.647 square meters and 15.520 square meters and 12.520 square meters of the area of public underground parking lots, which is divided into the contract of this case: The above area of the commercial building of this case may be increased or decreased as a result of the confirmation survey and the arrangement of public records at the time of design change or completion. In selling indicated property, the seller (Defendant Korean Asset Trust), “A,” “B,” and “B,” and “B,” refers to the seller (Defendant Korean Asset Trust), “B,” and “B,” as follows.

Article 3 (Transfer of Ownership) (1) A shall immediately notify B of the completion of the adjustment of public records, and B shall complete the transfer of ownership at the expense of B within 60 days from the date on which the application for the transfer of ownership is possible.

(4) In principle, the facility standards of the above display commercial building shall be in the state of approval for use or approval for use, and in addition to the facilities installed in accordance with facility standards, the store partitions, display stand, water supply, gas pipes, electricity, signboards, and other facilities shall be additionally installed or modified, in addition to the facilities installed in accordance with facility standards, the facility standards of the above display commercial building shall be borne by the Party.

(Water supply, drainage, gas, etc. shall be installed only in the main supervision of the common corridor, etc. of each floor, and the branch pipes, measuring instruments, etc. of each room shall be installed. Article 10 (Obligation of Approval) (Liability of Approval) (No act of changing the existing form, such as relocation, transformation, damage, etc. of facilities installed without the approval of A shall be permitted.

Article 11(1) of the Housing Act (Article 59(1) of the Enforcement Decree of the Housing Act), which is a trial contractor, shall be responsible for repairing defects in the construction of the building in question pursuant to the provisions of the Housing Act (Article 59(1) of the Enforcement Decree of the Housing Act), and Eul may not request the performance of defects against Gap

The special agreement clause (1) is a management-type land trust contract (hereinafter referred to as the "trust contract") between the truster and the trustee, the trustee and the defendant public corporation and the defendant public corporation.

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