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(영문) 부산지방법원 2018.10.30 2016가단342834

손해배상(기)

Text

1. The plaintiffs' primary claims and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On October 1, 2003, the Defendants completed the registration of ownership transfer with respect to each 1/2 portion of F land and 1/2 portion of 1/2 portion of 1/2 of the building, including land and buildings (hereinafter referred to as “instant real estate,” and the building, hereinafter referred to as “instant building”).

B. On January 26, 2010, the Plaintiffs purchased the instant real estate from the Defendants as KRW 6.5 million, and completed the registration of ownership transfer on March 23, 2010 with respect to each of the instant real estate 1/2 shares.

C. G and H purchased the instant real estate from the Plaintiffs on October 16, 2014, and around that time, completed the registration of ownership transfer for each one-half portion of the said real estate.

G and H filed a lawsuit claiming damages against the Plaintiffs on March 22, 2016.

[Plaintiff, Busan District Court 2016Gahap42568, Jan. 1, 200). G and H sought warranty against defects or damages due to nonperformance on the ground that the part of the first floor parking lot of the instant building was changed without permission to neighborhood living facilities in the instant case.

On June 27, 2018, in the instant case, KRW 9,563,395 incurred in the reconstruction of a parking lot on the first floor of the instant building; KRW 7,025,070 equivalent to the decline in the value of the instant real estate in the event of the construction of a parking lot (i.e., KRW 2,225,070; KRW 4,80,000 due to the decline in the market value of the instant building); and KRW 21,969,60 due to the change of the use of a parking lot facility; and KRW 38,558,065 due to the change of the use of a parking lot facility; and the said judgment became final and conclusive at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 13 and 15, Eul evidence No. 1, obvious facts to this court, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the plaintiffs' assertion (1) main claim: the warranty against defects or the defendants' default liability are the part of the first floor parking lot of the building to the plaintiffs' neighborhood living facilities.