손해배상(기)
1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
purport, purport, and.
1. The reasons why the court should explain in this decision are as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment of the defendant as to the defendant's argument as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the defendant's assertion
A. Defendant 1) and D, without regard to the actual boundary, intended to sell the instant land and buildings, which were confirmed by the boundary and cadastral record on the cadastral record, and as long as the Defendant transferred the entire ownership of the said subject matter to D, the Defendant is not liable for damages to the Plaintiffs. 2) Although only 947 square meters, the actual area of the instant land, should have been sold between the Defendant and D, the Defendant had transferred the ownership of the land of 1,063 square meters. D obtained profits from acquiring the land of 116 square meters (i.e., 1,063 square meters - 947 square meters) that should have been excluded from the sale.
Therefore, even if the defendant suffered loss from D as alleged by the plaintiff, there is a proximate causal relation between D's above benefit and the act that is the cause of the defendant's liability for damages, the amount equivalent to the market price of the above 116 square meters of land should be deducted in calculating D's loss.
B. 1) The facts acknowledged earlier, and evidence Nos. 1, 3, and 5 (including each entry and pleading number), considering the following circumstances, considering the overall purport of each entry and pleading, it is reasonable to deem that the Defendant and D used the entire gas station site and the gas station building including the land portion of other person’s rights and the building portion of other person’s rights as the subject matter of sale. Thus, the Defendant’s assertion premised on the confirmation of the subject matter of sale by the boundary on the public cadastral book is without merit.
① In order to operate a gas station on the instant land, the Defendant newly constructed the instant building on the instant land and operates a gas station.