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The judgment below
The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined.
1. The reasoning of the lower judgment reveals the following facts.
Plaintiff
B On May 7, 2009, the sales contract was concluded with the Defendant to purchase KRW 150,217,000, d07 (6.51m2 of the exclusive ownership area) located on the second basement of the instant commercial building and registered separately from the Defendant.
Plaintiff
A, on February 26, 2010, concluded a sales contract with the Defendant to purchase KRW 114,625,000 in total of the stores purchased by the Plaintiffs (hereinafter referred to as “each of the stores of this case”), which were located on the second basement floor of the instant commercial building and registered by division.
At that time, the Plaintiffs completed the registration of ownership transfer regarding the relevant store, and paid all the purchase price to the Defendant.
나. 이 사건 각 점포의 바닥에 “28B-045", "28D-007"이라는 건물번호표지가 새겨진 금속판과 경계표지로 보이는 ”十“ 또는 ”ㅏ“ 모양의 금속판이 부착, 설치되어 있으나 위 경계표지 재료의 색이 이 사건 상가 지하2층 바닥에 부착되어 있는 띠 모양 부분의 색과 명확히 구분되지 아니하고, 점포의 경계표지나 건물번호표지가 상당 부분 손상되어 있다.
C. Each of the instant stores is the separate stores governed by Article 1-2 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”).
2. The judgment of the court below is as follows.
The plaintiffs' stores in this case did not have independence from other parts due to structural structure or use, and they did not meet the requirements provided for in Article 1-2 of the Aggregate Buildings Act easing structural independence requirements, and Articles 1-2 (1) and 2 of the former Regulations on Boundary Marks and Building Number Marks provided for in Article 1-2 (1) of the Act on Ownership and Management of Condominium Buildings.
The size of each store of this case, structure of columns, etc., possibility of future change of use, and the defendant's attitude.