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(영문) 서울중앙지방법원 2017.01.12 2016가합554773
소방시설 출입문 폐쇄청구 등
Text

1. The defendant shall have the fire fighting system sprinkler equipment room installed inside the attached sheet store to the plaintiff.

Reasons

Basic Facts

The defendant was to implement the new construction and sale project of E neighborhood living facilities (hereinafter referred to as "instant shopping district") on the ground of the zone in Songpa-gu Seoul Metropolitan Government, and obtained approval from the head of Songpa-gu on August 29, 2013 for the housing construction project plan.

Around September 27, 2013, the Defendant awarded a contract for the construction of the instant commercial building to Scco Construction Co., Ltd., and Pcco Construction Co., Ltd started the said construction around that time.

On April 2, 2014, when the construction of the instant commercial building was in progress, the Defendant entered into a commercial supply contract with F and G on April 2, 2014 with the content that the store listed in the separate sheet (hereinafter “instant store”) among the instant commercial buildings will be sold at a price of KRW 6330 million (hereinafter “instant sales contract”).

On June 16, 2015, the Plaintiff acquired the right to sell the instant store from F and G in the amount of KRW 20 million, and obtained the consent of the Defendant as the seller.

The Defendant underwent a pre-use inspection on February 26, 2016, and the Plaintiff paid the sales price to the Defendant according to the instant sales contract on April 27, 2016, and completed the registration of ownership transfer on the instant store on the same day.

The inside wall of the entrance of the store in this case in contact with Y115, the store adjacent to the store in this case, derived from the area included in the scope of fire extinguishing of the Y113 to Y119, the store in this case.

(hereinafter referred to as the “instant protection area”) refers to a device that automatically checks the current state of running water in pipes generated by the opening of the Hep, through which signals or warnings are emitted, or operates pressure-water pumps.

There is a room for the inspection room (a) of the room (a 600m m/ vertical 1,200m m m m m m m m m m m m m / m m m hereinafter “instant inspection room”).

Accordingly, the plaintiff closes and relocates the inspection area of this case to the defendant.

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