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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendant New Real Estate Trust Co., Ltd. (hereinafter “Defendant New Real Estate Trust”) is a trustee who entered into a trust agreement on the exercise of the project (hereinafter “instant apartment sale project”) and the instant parcelling-out project (hereinafter “instant apartment”) with respect to the new construction and parcelling-out of the apartment (hereinafter “instant apartment”) in Heung-gu, Young-si and BB block, which is a trustee who entered into a contract for the instant apartment sale project, and the Defendant Rack Construction Co., Ltd. (hereinafter “Defendant Rack Construction”) is the construction works of the instant apartment.
B. The Plaintiffs concluded a sales contract for each apartment as stated in the “Dong,” and “Dong,” list of the content of the sales contract and the amount of the claim by Plaintiff 2 among the apartment of this case, or acquired the status of the sales contract from the existing buyer with the approval of the resale of the sales right by the Defendants.
(C) The sales contract between the plaintiffs and the defendant's living real estate trust is called the "sale contract of this case".
According to the instant sales contract, the Plaintiffs paid each money to Defendant New Real Estate Trust as stated in the “Contract Date” column of the Plaintiff’s sales contract and the “Contract Date” column of the claim amount as indicated on each contract date.
[Reasons for Recognition] Facts without dispute, Gap 1, 3-5 evidence, Eul 3 and 4 evidence (including numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination on the cause of the claim
A. 1) The gist of both claims is as follows. The plaintiffs deceivings the plaintiffs by making false and exaggerated advertisements regarding the sales contract in this case as follows. Since the plaintiffs made the sales contract in this case by causing errors to the important part of the contract, the plaintiffs concluded the sales contract in this case. Thus, the plaintiffs made the delivery of the complaint in this case based on the defendants' fraud or mistake.