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(영문) 부산고등법원 2016.09.28 2016나52739
손해배상(기)
Text

1. The plaintiffs' appeal and the selective claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for the court’s explanation on this part is that the reasoning for the judgment of the court of first instance is as stated in the corresponding part of the reasoning of the judgment, except for the case where the portion is used as “(b) from 11.7617 square meters to 1.7617 square meters” among the judgment of the court of first instance, since it is identical to the part(s) in the main sentence of Article 420 of the Civil Procedure Act.

A person shall be appointed.

B. The Plaintiffs purchased each unit of the instant building from the Defendant as indicated below (hereinafter “each of the instant sales contracts between the Plaintiffs and the Defendant”) and completed the registration of ownership transfer (hereinafter “each of the instant sales contracts”).

(B) The actual exclusive use area (00,000 won) of the number of units (Bdong) of the Plaintiff (Buyer) sales contract, and the contract party shall J, and the ownership transfer registration was made in the name of Plaintiff C.

On March 23, 2015, 2015, 18,300 m2 E on 302 53.605 m2 E on 25, 2015, 19,500 m203.605 m203 G on 25, 2015, 19,500 m253 503.605 m2 on 13, 2015, 2015

C. Each of the instant real estate purchased by the Plaintiffs is 53.605 square meters in a real estate registry and a collective building registry, and the area of the section for exclusive use (the stairs, communication rooms) is 8.6564 square meters in size, and each of the instant real estate has a balcony and an extended balcony in a bedroom, a living room, and a main room.

On the other hand, there is no balcony in the case of the 6 to 8th floor, the purpose of which is an officetel, and there is no balcony, and the area of the section for exclusive use on the register of real estate and the aggregate building register is 72.835 square meters and the area of the section for common use is 11.7617 square meters.

A person shall be appointed.

2. The plaintiffs' assertion that the defendant is obligated to pay 14,400,000 won and delay damages to each of the plaintiffs for the following reasons.

① Under the premise that the sales area of each of the instant real estate was 25 square meters, the Plaintiffs purchased at KRW 8 million per square year from the Defendant.

Thus, each of the contracts of this case is that the object has a certain area.

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