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(영문) 대구지방법원상주지원 2017.08.09 2016가단10154
손해배상(기)
Text

1. The Defendant: (a) Plaintiff A, U.S. C, C, D, E, F, G, H, I, J, M, N, Q, Q, R, and S respectively; (b) KRW 1,590,312.

Reasons

1. Facts of recognition;

가. 피고는 문경시 T 대 1,178.5㎡ 지상 17층 아파트(이하 ‘이 사건 아파트’라 한다)의 분양자이고, 원고들은 2014. 5.경∽2015. 8.경까지 피고로부터 이 사건 아파트 중 각 세대를 세대 당 2억 3,000만 원에 분양받아 2015. 9.경∽2015. 11.경까지 소유권이전등기를 마친 사람들이다.

Among the plaintiffs, the plaintiffs, K, L, plaintiffO, and P were jointly sold by one household, and all the other plaintiffs were jointly sold by one household.

B. The area of the object to be leased specified in the sales contract signed between the Plaintiffs and the Defendant is indicated as follows.

- Doz. - The residential area for exclusive use by the area for a building site = the area for exclusive use by the area for residential use by the area for exclusive use by the area for public use + the contract area for the residential area for other public use areas + the contract area for other public use areas / the area for public use 84.8978С / the area for public use 29.0416С 113.9394С in other public land areas 12.6371С

C. In the process of selling the instant apartment to the Plaintiffs, the Defendant changed the design, which was scheduled to be located on the third floor, to the fourth floor, moved the power generator room, which is the common area, to the fourth floor, changed the use of the existing power generator to the exclusive part office. On November 25, 2015, the Defendant sold the said office to U as 303, and completed the registration of ownership transfer on the 26th of the same month.

The apartment building of this case was approved for use on September 2015, and the design modification and other common areas were reduced by 0.8752 square meters per household.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 5 through 7, 15 through 17 (including each number of branches), the purport of the whole pleadings

2. The plaintiff's assertion that the defendant changed the development room which is the common area to the office and sold it to an individual, and completed the registration of ownership transfer, and thus, he is liable to compensate the plaintiffs for damages incurred thereby.

The amount of damages suffered by the plaintiffs is the amount of damages.

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