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(영문) 수원지방법원 2016.04.01 2015가합5265
면적표시 정정절차이행
Text

1. The main office of this case shall be dismissed.

2. All of the defendants' counterclaims are dismissed.

3. The costs of lawsuit are assessed against the principal lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a project implementer that newly constructs and sells a 15 studio 1750 studio C ground-based 15 studios (hereinafter “the instant studio”). The Plaintiff is a trust company that entered into a management-based land trust contract with the Plaintiff regarding the instant studio construction project.

B. On February 13, 2015, the Plaintiff submitted to the head of the competent Si/Gun/Gu a draft notice on the exclusive use area, public use area, parking lot area, contract area, housing site share, and supply value of the instant officetel, and submitted it to the head of the competent Si/Gun/Gu for confirmation of the sale price and the draft notice of invitation of residents on February 16, 2015.

C. The Defendants visited the model house of the instant officetel and set up each of the instant officetels units, and Defendant A entered the 26D1 unit of the 15 unit of the instant officetel. As to the 26D1 unit of the 15 unit of the instant officetel, Defendant B entered into an officetel supply contract, such as the contract entered into with the Plaintiff and the Selection and the attached Table 1 (hereinafter “instant contract”).

The parking lot area of 26D1 other entry in the tenant recruitment notice is 25.84 square meters for the parking lot, 4.57 square meters for the housing site shares, 38B other parking lot area is 38.04 square meters for the housing site shares, and 6.68 square meters for the housing site shares. The parking lot area of the instant officetel is the same as the parking lot area and the housing site shares for the instant officetel for the purpose of publicity, and the parking lot area as shown at the entrance of the sample households for each entry.

E. The instant contract was concluded by the Defendants and delivered by the Plaintiff to the officetel supply contract.

Unlike paragraph 26D1, the parking lot area of 4.57 square meters for the parking lot and 25.84 square meters for the ownership of housing site, 38B for the parking lot area of 6.68 square meters for the parking lot of 38B, and 38.04 square meters for the ownership of housing site, each share of housing site and the parking lot area are changed.

[Ground of recognition] Facts without dispute, and each entry number of Gap evidence 3, 4, 5, 7, 8, 9, 14.

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