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(영문) 서울중앙지방법원 2019.06.14 2018나69136
건물철거 등 청구
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 11, 2015, Plaintiff A entered into a sales contract with Defendant (hereinafter “instant apartment”) for the Gangnam-gu Seoul Metropolitan Government D apartment E (hereinafter “instant apartment E”) (hereinafter “instant apartment E”). On August 22, 2016, Plaintiff B acquired 1/2 of the sales right for the instant apartment E from Plaintiff A.

B. From the inside of the apartment E of this case, the fences installed on the rooftop of the previous commercial building (hereinafter “instant commercial building”) seem to be as shown in the attached photo.

An appraiser appraised that the infringement rate of the view in attached Form 1, 13%, 25%, window, 3, 5% each, and the total infringement rate of the view in attached Form 1,580,00 won, considering that the infringement rate of the view in attached Form 2 is 12% and that the damage caused by the infringement of the view is 11,580,00 won.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 and 2, result of appraiser F by the court of first instance, purport of whole pleadings

2. The reasoning of the court's explanation on this part of the plaintiffs' assertion is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 420 of the Civil Procedure Act.

3. Determination

A. An offer to recognize liability for nonperformance is a conclusive declaration of intent to establish a certain contract in combination with the consent of the other party corresponding thereto, whereas an invitation to subscribe is not a declaration of intent constituting an agreement different from this, so even if the inducer expresses his/her intent in response thereto, the contract is formed by the person who has induced the contract without establishing a contract and by expressing his/her intention of acceptance. Thus, it is distinguishable from each

In addition, if the above classification criteria are followed, the contents of the advertisement for the sale of commercial buildings or apartment buildings have the nature of inducing subscription.

However, it is a method of pre-sale and post-sale.

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