손해배상(기)
1. The Defendants: (a) KRW 15 million to each Plaintiff; and (b) 5% per annum from November 7, 2017 to October 24, 2019.
1. On January 29, 2016, the Plaintiff entered into a sales contract with Defendant B, setting the sales price of KRW 640 million for the purchase of the instant building and the purchase of the five-story detached housing and the Class II neighborhood living facilities (hereinafter “instant building”) located in the Jung-gu Daejeon District, Daejeon District, Daejeon, as well as KRW 213.4 square meters of the above ground reinforced concrete structure, and the five-story detached housing and Class II neighborhood living facilities (hereinafter “instant building”). Defendant C is a licensed real estate agent who arranged the instant sales contract.
The Plaintiff paid the full purchase price under the instant sales contract and completed the registration of ownership transfer on April 6, 2016.
The instant building was constructed by Defendant B with a building permit, and the first floor was 1.76 square meters in the stairs room, 2.3 square meters in each multi-family house (three households), 101.53 square meters in each apartment house (three households), and 5 square meters in each office, and the construction permit was completed on November 15, 201 after completion of the construction work.
However, Defendant B changed the fifth floor of the instant building into a multi-family house without obtaining permission for change of use under the Building Act. At the time of entering into the instant sales contract, Defendant B entered into a sales contract on the premise that the instant fifth floor can be used as a multi-family house without notifying the Plaintiff of the fact that he changed into a multi-family house without obtaining permission for change of use for the part of the fifth floor of this case’s fifth floor into a multi-family house. Defendant C also did not notify the fact that the instant fifth floor was changed into a multi-family house.
At the time of the instant sales contract, tenants were living on the fiveth floor of this case, and the Plaintiff knew the fiveth floor of this case for residential purpose and purchased it. However, if the fiveth floor of this case is not restored to the office, the alteration of purpose of use is not permitted.
If the 5th floor of this case is used as an office compared to the residential day, the market price of the building of this case is expected to decline in the amount of 18,274,080 won.
Grounds for recognition: dispute.