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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The relevant Plaintiff is a person who completed the registration of transfer of ownership on the grounds of sale on June 26, 2014, with respect to JJ building and shopping district (hereinafter “instant shopping district”) K on May 19, 2017.
The Defendants are those who completed the registration of ownership transfer on May 8, 2015 with respect to the instant shopping mall on May 26, 2017.
Article 12 (1) (1) A (the seller, hereinafter the same shall apply) of the contract for the supply of commercial buildings is designated and sold for the following purposes according to the content of the sale plan (or sale advertisement) prepared within the scope of the contents of the approval of the business plan or building permission.
However, this shall not apply where the commercial use has not been designated in the sale plan (or the sale advertisement).
(2) B (the buyer, hereinafter the same shall apply) shall open the business for the above purpose, and in the event that it is intended to change to any other purpose, it shall consult in advance with Party A so that the total price does not prejudice the harmony and activation with Members, and in the event of change to any other purpose without consultation, Party A’s objection may not be raised
(3) The use and the type of business of the above displayed commercial building should be the type of business within the permitted usage by law, and the overlapping of the type of business shall be dealt with by mutual consultation among the shop occupants.
As a result, even if there is a division between shop occupants, A shall not be held liable.
§ 13 (Management and Operation and Installation of Facilities) (1) In principle, this building shall be managed autonomously.
Provided, That for one year after the completion of a building, management affairs shall be entrusted to a controlled entity designated by A for the convenience of B, and where a service company designated by A continues to conduct management affairs after the expiration of the management period, it may continue to conduct management affairs for the same period, unless there is an objection to the self-management organization comprised of B within one month.
(d).