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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendant Hyundai Engineering Co., Ltd. (hereinafter “Defendant Hyundai Engineering Co., Ltd.”) newly built a building F, a primary complex building, (hereinafter “instant commercial building”) in Jungdong-gu, Seoul, and completed registration of initial ownership on December 9, 2013, by obtaining approval for use on November 8, 2013, and completing registration of initial ownership on December 9, 2013.
B. The Plaintiff A, B, and G acquired the instant sales contract and the status of the buyer, entered into the sales contract with the Defendant Hyundai Engineering as listed below (hereinafter “instant sales contract”). The instant sales contract was executed by the Defendant D (hereinafter “Defendant D”) which is the sales agent of the Defendant Hyundai Engineering, as to the divided stores on the first floor of the instant shopping mall Cdong.
Plaintiff A on October 21, 2013, the sale price (won) for the object of sale on the date of sale in lots, Plaintiff C, 112, sales facilities of 93.0928㎡ 112, 386,536,00, B on July 30, 2013, Plaintiff C, 119,131,00 C-dong sales facilities of 117,54.471,00 C-dong 118, and 81.475,776,000 G-dong 118, and 106,000 G-dong 31,00 on March 7, 2012, Plaintiff C acquired the status of the seller as to the above subparagraph 106 G-dong sales facilities of 105.0251㎡ 82,530,000 on October 1, 2013.
C. While selling the instant commercial building in lots, Defendant Hyundai Engineering produced and published the instant commercial sales promotion materials (Evidence A 5; hereinafter “instant sales promotion materials”) stating, “The World Motor Group and Hyundai IMco’s implementation, construction and open promotion,” as shown in attached Table 1, the same as the instant commercial building.”
At the time of sale, Defendant Hyundai Engineering set up a model as shown in attached Form 2 (hereinafter “instant model”).
In February 2012, the defendant's Hyundai Engineering case is "F Operations Round for the Promotion of the Price".