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(영문) 수원지방법원 2016.09.27 2014가합73445

손해배상(기)

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1. The Defendant: 20% per annum from February 23, 2015 to September 30, 2015 to Plaintiff C, as well as from February 23, 2015.

Reasons

Facts of recognition

The plaintiffs are those who purchased a housing site in G1 complex from the defendant, which is located in G1 complex F in the wife population as follows:

Plaintiff

C on May 30, 2012, the Defendant purchased approximately KRW 727 square meters ( approximately KRW 220 square meters) with the wife population H 727 square meters ( approximately KRW 1.5 million per square meter) from the Defendant on the land for the site of electric source, and on December 5, 2012, the ownership of the said land was acquired on December 5, 2012.

Plaintiff

A and B purchased, from the Defendant on January 4, 2013, approximately 315 m20,000,000 won ( approximately 210 m2,000 square meters per square meter) of 15,000,000 won in land for electric source, and on April 23, 2013, each ownership of the above land was acquired by 1/2.

Plaintiff

D on April 25, 2013, the wife population JJ 660 square meters (a approximately 200 square meters per square meter) purchased the land for the site of electric source as the site for electric source, and on September 26, 2013, the ownership of the land was acquired on September 26, 2013.

In order to create a G2 complex on the land of K with the wife population adjacent to G1 complex, the Defendant obtained a building permit in the name of the seller, and started construction of G2 complex from February 2014, and began construction of G2 complex around July of the same year.

However, due to the defendant's G2 complex creation project, a large portion of forests that were located in the northwest of the housing site that the plaintiffs purchased were born.

[Grounds for recognition] In the absence of dispute, Gap evidence 1 through 6, evidence 13 through 19 (including all of the various numbers), evidence 30-1, 32, Eul evidence 5-1, and Eul evidence 5-2, as a whole, the defendant asserted that at the time of the sale in this case, the defendant agreed not to develop the plaintiff's neighboring forest of the housing site to the plaintiff at the time of the sale in this case, and that the plaintiff's housing site is directly adjacent to the forest and sold to Gap, Eul, and Eul KRW 1.5 million per square year, and 1.47 million per square year to the plaintiff D.

This was higher than the average selling price of housing sites that do not adjoin forests (1,30,000 won per square year).

However, there is a problem.