손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 31,467,788 and the interest rate of KRW 15% per annum from September 5, 2017 to the date of complete payment.
1. Facts of recognition;
A. On July 14, 2016, the Plaintiff entered into a contract with the Defendant to purchase five-story buildings on the ground (hereinafter “instant building”) from the Nam-gu Incheon Metropolitan City and one parcel (hereinafter “instant building”) at KRW 1,050,000,00, and completed the registration of ownership transfer on September 12, 2016 by paying the purchase price in full.
B. The fifth floor of the instant building is composed of 57.48 square meters on the public register, but the sum of 43.64 square meters in balcony, water tank room, stairs room, toilets, passages, offices, etc. (hereinafter “unauthorized portion”) is extended without permission. The cost of removing and restoring the unauthorized portion is KRW 24,03,248.
( Results of the appraisal by AppraiserD).
The market price of the 5th floor of the instant building (24,789,180 won at a market price) is KRW 7,464,540,00 for the portion without permission, excluding the 57.48 square meters (17,324,640 won at a market price), which is a lawful part, 57.48 square meters (17,324,640 won), and 44.21 square meters at 44.21 square meters at an unauthorized part (43.64 square meters at a market price).
(Evaluation Results by Appraiser E). [Reasons for Recognition] Fact-finding, each entry and image of Gap evidence 1 through 6, appraiser D and E, fact-finding results on appraiser D, purport of the whole pleadings.
2. Determination as to the cause of action
A. According to the facts of recognition as above, the existence of an unauthorized part in the instant building constitutes a case where there is a defect in the object of sale, regardless of whether the unauthorized part is subject to compulsory removal for construction administration, and thus, the Defendant is obligated to compensate the Plaintiff for the damages incurred by the Plaintiff due to the defect in the instant building.
B. The scope of liability for damages is reasonable to deem that the Plaintiff’s site at the time of the purchase of the instant building was confirmed with snow and entered into a contract, and that the purchase price of the instant building was included in the unauthorized portion, and that the portion without permission should be restored to its original state after removal.