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(영문) 서울중앙지방법원 2018.02.01 2016가단5059351

손해배상(기)

Text

1. The Defendant’s KRW 5,00,000 as well as 5% per annum from April 6, 2016 to February 1, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who newly constructs and owns a detached house on the land of Jongno-gu Seoul Metropolitan Government Cdong (hereinafter referred to as “Cdong”) and 652 square meters (hereinafter referred to as “D land”) and E large 57 square meters, which is owned by the Plaintiff. The Defendant, together with F, shares G large 597 square meters (hereinafter referred to as “G land”) located on the ground, newly constructs a multi-household house on the second ground of the first floor and owns the second floor and second floor among the above housing.

B. On December 2, 1996, G 813 square meters prior to the subdivision of land was divided into G 559 square meters and H 254 square meters. 2) The first 64 square meters prior to the subdivision, located between G land and D land prior to the annexation, was divided into the first 29 square meters and J 35 square meters on February 7, 2004.

3) On March 17, 2004, HJ large 254 square meters following the division was combined with J large 35 square meters and D large 363 square meters, and finally D land became final D land. 4) After the division, G large 559 square meters was combined with I large 29 square meters on March 11, 2004. On May 20, 2004, G land was finally combined with 9 square meters of K river.

C. On April 9, 2014, the Plaintiff purchased D land and its ground brick, 200 square meters and E large scale 57 square meters from L. 2) on May 27, 2014, the Plaintiff concluded a contract for construction of a new house on the second ground floor of the underground floor (hereinafter “the instant construction contract”) with Sung Daily Development Co., Ltd. (hereinafter “Ssung Development”) by setting the contract amount of KRW 77.5 million (including value-added tax; hereinafter the same shall apply) as the contract amount on May 27, 2014, and the completion date as of November 20, 2014.

3) Around June 9, 2014, the Sung Il-il Development started work on and around June 9, 2014. 4) The Plaintiff concluded a contract for construction revision to increase the contract amount to KRW 924 million between Sung-il Development and Sung-il Development and extend the completion date to January 20, 2015.

5 The construction of this case was completed, and the plaintiff was newly constructed on June 3, 2015.