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(영문) 인천지방법원 2016.08.23 2015나15771

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On February 28, 2013, the Plaintiff concluded a sales contract with the Defendant to purchase the building of 168 square meters and three floors above that ground (including the four-story roof room; hereinafter the same shall apply) of the building site in Nam-gu Incheon Metropolitan City.

B. On September 15, 2014, the head of the Incheon Southern-dong ordered the Plaintiff to correct the instant rooftop room by October 17, 2014 on the ground that it violated Article 14 of the Building Act on the ground that it was constructed without permission. The Plaintiff notified the Plaintiff that the Plaintiff would not remove it, and that the Plaintiff would pay KRW 2,084,330 for the portion of construction without permission, and the Plaintiff paid the enforcement fine on November 26, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 7, purport of the whole pleadings

2. The plaintiff's assertion is a seller of the real estate of this case, who is an important part in the real estate transaction, and is responsible for the duty of explanation as to whether the office room of the this case, which is an important part in the real estate transaction, has been illegally constructed or not, but in violation of the duty of explanation as to this, the plaintiff deceivings the plaintiff, and thereby, the plaintiff caused damages to the plaintiff, i.e., total amount of KRW 12,834,520 for the construction cost to train the office room of the instant house room of KRW 2,084,30 for the enforcement fine of this case paid by the plaintiff, KRW 9,010 for the enforcement fine of this case, KRW 1,500 for the construction cost of KRW 1,50,00

3. We examine the judgment, the above facts of recognition, and the evidence presented by the plaintiff alone cannot be viewed as deceiving the plaintiff as to the unauthorized construction of the rooftop room of this case, and there is no evidence to acknowledge it otherwise.

The plaintiff's above assertion is without merit without further review.

4. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is without merit.

참조조문