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(영문) 대구지방법원 2014.05.20 2013가단39145

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Defendant B is a documentary evidence No. 7-1 drawings submitted by the Plaintiff for reference drawings, and the size and ratio of which are not accurate, but should be used to help the Plaintiff understand the location of each land or the content of this case.

On January 17, 2008, the Plaintiff sold the land No. 2 to the Plaintiff on January 17, 2008.

(The sale price of KRW 150 million). (b)

On July 25, 2008, Defendant B constructed a building on the land (hereinafter “Defendant B’s building”) and obtained approval for use from Defendant Youngcheon-si, and the Plaintiff also built a building in which approximately KRW 170 million was carried out on the land No. 2 (hereinafter “Plaintiff”).

C. Defendant Youngcheon-si imposed a building permit and approval for use on each of the above buildings, and constructed a road only after the passage of the above lands.

However, Defendant B's building was constructed with approximately 87 cm above the surface abutting on the road by the Plaintiff's building.

However, the defendant B's building was constructed on the land of No. 1 and the road site was not infringed.

[Grounds for Recognition] Facts without dispute, Gap's 1 to 9, 11, Eul's 1 to 5 (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion: (a) Defendant B purchased the Plaintiff’s second land by stating to the effect that “The Plaintiff would be well aware if the Plaintiff were to carry out funeral services by purchasing the second land, as it goes on the front of the land and the second land; (b) Defendant B purchased the second land on the first land; and (c) let Defendant B purchase the second land by maliciously deceiving the Plaintiff by setting up the building protruding up on the road 87 cm or protruding to the road; and (b) Defendant Youngcheon City is the urban planning line on the road front of the first land and the second land.