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(영문) 부산지방법원동부지원 2016.05.12 2015가합104137
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 9, 2015, the Defendant, as the owner of the building located in Suwon-gu G (hereinafter “instant building”), completed registration of initial ownership in relation to each of the units of the instant building on March 9, 2015.

The building of this case is an aggregate building of the 7th floor above ground, and the 2 to 5th floor is an apartment building, and the 6 to 7th floor is a business facility (officetel).

B. On March 28, 2015, Plaintiff A purchased the instant building 201 billion won from the Defendant; Plaintiff B purchased the instant building 202 billion won on March 12, 2015; Plaintiff C’s KRW 232 billion on April 29, 2015; Plaintiff C purchased the instant building 302 billion on March 24, 2015; Plaintiff D’s KRW 230 million on March 28, 2015; and Plaintiff E purchased the instant building 402 billion on March 24, 2015; and completed the registration of ownership transfer, respectively.

(hereinafter referred to as “each of the instant real estates”) purchased by the Plaintiff.

The respective real estate purchased by the Plaintiffs is 61.52 square meters in a real estate register and a collective building register, and 12.1522 square meters in a common area (i.e., stairs room, communications room, 11.5651 square meters in a pump room, 0.5871 square meters in a communication room), and there are balconys and extended balconys in a bedroom, a living room, and a kitchen.

On the other hand, there is no balcony with the 6th and 7th floor which is an officetel, and the area of the section for exclusive use on the register of real estate and the aggregate building register is 82.065 square meters, and the area of the section for common use is 16.2106 square meters (i.e., stairs room, communication room, 0.4273 square meters).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 2, 3 and 12 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiffs’ assertion is that each of the instant real estate is an apartment house, and the exclusive residential area and the residential public area are the aggregate, and the balcony area and the expanded balcony area should be excluded from the exclusive residential area.

According to this, the sale area of each real estate of this case is 73.672m2m2 (i.e., section for exclusive use of 61.52m2m2) and is 22.286m2 if converted into a square.

However, the defendant area in the sales contract.

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