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(영문) 창원지방법원 2015.10.13 2014나6750
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiffs are the buyers who purchased each of the relevant units of apartment units listed in the remarks column of the plaintiff list among the 107 units 107 units on the ground C apartment units outside B and four parcels of land (hereinafter "the apartment units of this case") in Dong Young-si, Dong Young-si, and completed the registration of ownership transfer for all or one half of each of the above units.

B. The defendant is a company that constructed and sold the apartment of this case.

C. Since the parking lots of the instant apartment are not divided into spaces by Dong, all households can use the entire parking lots of the first and second underground without distinction by Dong.

However, the instant apartment building 101 to 106 is connected to the elevator with the underground parking lot of the first and second floors. However, the instant apartment building 107 Dong 1-2 is connected only to the first floor of the underground parking lot, and the elevator is not entirely connected to the underground floor.

Therefore, in order for each of the residents of the instant apartment 107 units to park on the parking lot of the first and second floors underground, each of the instant apartment 107 units to move into each of the households, it is necessary to start the ground floor through the stairs connected to the underground parking lot, and then to start the ground elevator again.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, 7, 12, Eul evidence Nos. 5 and 6 (including paper numbers) and images, the result of on-site inspection by the court of first instance, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. On July 2010, the Defendant’s main port of safety agreed with the representative of prospective occupants and the instant apartment 107-dong that did not install an elevator up to the underground parking lot. The said agreement also contains an agreement on the lawsuit that the Plaintiffs would not file a lawsuit seeking compensation for damages. Thus, the instant lawsuit by the Plaintiffs is unlawful as it violates the agreement on the lawsuit.

B. Determination Nos. 4 and 4.

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