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(영문) 서울고등법원 2015.01.15 2014나2026970
분양대금반환
Text

1. The part of the judgment of the court of first instance against the defendant is revoked, and the part of the plaintiffs' claims are dismissed.

2...

Reasons

1. Facts of recognition;

A. The Defendant sold the 1st floor G-86 to G-101 total number of 17 stores (see the part indicated as the “teteccot” in attached Form 1 drawings; hereinafter “the instant ccot”).

B. Under the Defendant’s approval, Plaintiff A acquired the status of a buyer of the instant shopping mall-101 (38.504 square meters in exclusive use area, 47.075 square meters in common use area), which was sold to F in 522,030,000 won, through H on August 19, 2005. Plaintiff B acquired the status of a buyer of the instant shopping mall-95 (38.276 square meters in exclusive use area, 46.796 square meters in common use area), and Plaintiff B acquired the status of a buyer of the instant shopping mall-95 (38.276 square meters in common use area, 46.796 square meters in common use area), and Plaintiff D acquired the status of a buyer of the instant shopping mall-90 (522,500,000 square meters in common use area, 209.27.29,2092.

C. At the time of the sale of the instant commercial building, the Defendant provided each of the buyers of the instant commercial building with the exclusive use area of each separate store, the figures of the public use area, the location of the store, and the car sloping with the indication of the pertinent PPccot located on the first floor of the instant commercial building G G, as data. Meanwhile, Article 4(4) of the sales contract of the instant commercial building provides that “Where the contract area in the public book increases or decreases by more than 2% compared to the contract area at the time, there is no change in the sale amount for the area within 2%, and as for the increase or decrease in excess of 2%, it shall be settled in the balance on the basis of the usual sale price per the contract area.”

On August 2010, Scco Construction Co., Ltd., a contractor of the instant commercial building, connected Nos. 14 and 15 with the specification No. 14 and 15 at the request of the Operating Committee of the instant commercial building.

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