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(영문) 서울북부지방법원 2016.04.01 2015가단129080

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Determination as to the grounds for each of the claims in this case by the Plaintiff

A. On May 12, 2015, the Plaintiff entered into a sales contract with Defendant B to purchase in lump sum the E, E, 31 square meters and its ground housing (hereinafter collectively referred to as “instant real estate” for convenience) from Defendant B in the brokerage of Defendant D on May 12, 2015 (i.e., the contract first prepared in the process is attached Form B 1, and the contract last revised and completed is attached Form B 2). Accordingly, in the instant case where there is no dispute between the parties as to the fact that Defendant B paid the down payment of KRW 50 million of the purchase price on the same day, the Plaintiff asserts as follows:

(1) On the date of the contract, Defendant B and the licensed real estate agent Defendant C, who is an employee of Defendant D and licensed real estate agent office, stated that the residents living in the Guri-si F, which is adjacent to the instant real estate, should not use the instant real estate as the passage to the instant real estate, and that there was no right of passage to the surrounding land in the opposite Guri-si, which is secured to the passage to the G land. Accordingly, the Plaintiff entered into a sales contract on May 12, 2015 on the condition that the instant real estate is not used as the passage to the opposite Guri-si." (2) "However, after the date of the conclusion of the sales contract, the Plaintiff was aware that the residents living in the Guri-si, which is adjacent to the instant real estate after the date of the conclusion of the sales contract, were unable to enter the instant real estate and could not have access to the surrounding land without going through the road." After the Plaintiff stated the circumstances that the Plaintiff should permit the residents living in the Republic of Korea to pass the surrounding land to F, but there is no need for the Defendants to permit.