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(영문) 서울고등법원 2015.02.06 2013나62171
분양대금반환등
Text

1. The part of the judgment of the court of first instance against the defendant in accordance with the changed claim in the trial is as follows.

Reasons

1. Basic facts

A. The Defendant is an executor who newly constructed and sold the “B commercial building” on the A’s ground at the time of luminous name (hereinafter “instant commercial building”).

B. The plaintiffs enter into a contract from March 2002 to May 2002 that purchases the store of the commercial building of this case from the defendant (hereinafter referred to as the "sale contract of this case") or transfer their status from the buyers who entered into the sale contract of this case to May 2002.

(1) The sales area per unit of a store shall be 16.53 square meters (5 square meters) and the specific number of houses shall be determined by the next public lottery, but where a store different from the above sales area is allocated as a result of the lottery, it shall be adjusted later at the unit price per m2 of the sales price.

(2) If there is an increase or decrease in the area of sale in the object of sale due to a change of design, construction, or change of days-out, etc., separate from the above settlement, the sale price shall be settled with the unit price per square meter of the sale price.

Provided, That an increase or decrease in the area of less than 0.01 square meters shall not be adjusted except for an increase or decrease in the area.

(3) The defendant may change the area of the site, improve the street facilities, change the entrances or other facilities within the building (including parking lots), or extend, rebuild or alter the building plan, change the area of the building and the site and the location of auxiliary facilities. The buyer consents to the change of the building plan, change of the area of the building and the site and the location of the ancillary facilities.

Because of the above reasons, even though the indication of the division line, the location of the facility, the design drawing, etc. was changed differently from the time of conclusion of the contract, the buyer does not raise an objection, such as cancellation of the contract (Article 22 of the contract).

The result of the lake drawing on the store of the shopping mall in this case implemented between July 22, 2004 and July 24, 2004, the plaintiffs were allocated each store indicated in the column of "the result of lottery" in the attached Table.

The defendant around August 19, 2004, the exclusive area, common area, and total sale area decided against the plaintiffs.

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