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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 7, 2013, the Plaintiffs concluded a contract with the Defendant to purchase the purchase price of KRW 365 million (as of July 2013, 2013, the purchase price of KRW 101,000,000,000,000,000,000,000 (hereinafter “instant apartment”).
(hereinafter “the instant transaction”). Section 4 of the terms of the instant sales contract provides that “The shares of the individuals and horses belonging to heading 101 (hereinafter “the instant transaction”) are not ownership, and the rights to use the shares are not ownership, and the other households (households 2, 3 and 4) shall be given a written waiver of the shares, and shall be attached to the instant sales contract at the time of the completion of the construction.
(B) On June 28, 2013, the Defendant determined that “No act can be performed without prior consultation with an individual marina.” (B) On June 28, 2013, the Defendant completed the registration of ownership transfer with respect to subparagraph 101 of this case on each one-half share. The copy of the register of 101 of this case states that the content of the section for exclusive use is 70.72 square meters of a reinforced concrete structure and that the land which is the object of site ownership is 630 square meters of a size. (2) The Defendant agrees to purchase the above real estate from the independent user of this case on each of the above subparagraph 102 units 102, 201, 202, 301, 402, C101, 102, 202, 301, 302, 401, 402, 401, 402, 101, 201, 102, 1201, 12.
Afterward, he succeeds to a waiver of the right to use the site when transferring the property.
“A letter of waiver of the right to use site was received to the effect that “,” and completed the authentication on the said letter. C. The arrangement plan and convenience facilities guidance for the introduction of the instant apartment are indicated as “the formation of a premium household with the sole marina of the first floor household.”
At the time of the sale of this case, the sales price of the first floor among the above apartment units can be used, and thus, it is more than 2-3 floors.