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(영문) 수원지방법원성남지원 2017.08.23 2016가단228207

손해배상(기)

Text

1. The Defendant’s KRW 400,000 as well as the Plaintiff’s annual rate of 5% from October 21, 2015 to August 23, 2017.

Reasons

1. Facts of recognition;

A. On September 14, 2015, the Plaintiff purchased 101 of the building located in Seongbuk-gu Seoul Special Metropolitan City (hereinafter “instant building”) from the Defendant for KRW 108,000,000 (hereinafter “the instant sale”), and completed the registration of ownership transfer on October 21, 2015.

B. On November 2, 2016, the Plaintiff was issued a corrective order (hereinafter “instant corrective order”) stating that “Around November 2, 2016, the boiler room 2.16 square meters of the instant building was extended, without permission, to a house (hereinafter “the instant extension without permission”), as the Plaintiff was a large-scale repair of 10.14 square meters of the wall of the instant building (hereinafter “instant large-scale repair violation”), and that “A person would take an administrative disposition, such as imposition of enforcement fines, etc., upon nonperformance” (hereinafter “instant corrective order”).

C. After that, on March 7, 2017, the Plaintiff received a pre-announcement of the imposition of enforcement fines of KRW 311,000 in relation to the extension of the instant unauthorized construction from the Jung-gu Office of Jung-gu to April 6, 2017, that the enforcement fines of KRW 339,00 in relation to the instant unauthorized construction shall be imposed not more than twice a year, if the Plaintiff fails to restore to its original state voluntarily.

Around April 18, 2017, the Plaintiff was imposed a non-performance penalty of KRW 650,000 on the violation of the instant unauthorized extension and large-scale repair by the Jung-gu Office. The Plaintiff paid the non-performance penalty on April 27, 2017, and then restored the portion of the instant non-permission extension by bringing KRW 400,000 on April 29, 2017 to its original state.

[Reasons for Recognition] Facts without dispute, each entry or video of Gap evidence 1 through 10 (including each branch number in the case of additional number) and the purport of the whole pleadings

2. The parties' assertion

A. At the time of the purchase and sale of the Plaintiff’s assertion, the Defendant did not notify the Plaintiff of the violation of this case’s unauthorized extension and large-scale repair. Accordingly, the Plaintiff did not expand without permission.