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(영문) 부산지방법원 2017.07.14 2016나11919

손해배상(기)

Text

1. The plaintiff's appeal against the defendant (appointed party) and the appointed party is dismissed in entirety.

2. The appeal costs are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation operating a residential building construction business, etc., and the Plaintiff’s co-owners who own one-fourths of each of 450 square meters of the F-gun, Busan (hereinafter “instant real estate”). The Plaintiff is a co-owner who owns one-fourths of the F-gun, Busan (hereinafter “instant real estate”).

B. On July 30, 2015, the Plaintiff entered into a real estate sales contract with the instant seller to purchase the instant real estate in KRW 762 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer on August 20, 2015.

C. The Selection G is a licensed real estate agent operating the “I Licensed Real Estate Agent Office” and arranged the instant sales contract between the Plaintiff and the instant seller.

At the time of the instant sales contract, the fences of the instant housing constructed on the ground of 308 square meters (hereinafter “H land”) located in Busan-gun, Busan-gun (hereinafter “H land”) adjacent to the instant real estate (hereinafter “instant housing”) was a part of the boundary of the instant real estate (16 square meters).

(hereinafter “the part of the instant intrusion”). E.

Plaintiff

The representative J acquired the ownership of the instant housing and H land on February 1, 2016, and thereafter completed the registration of ownership transfer to the Plaintiff on February 23, 2016.

[Basic Facts] The facts without dispute; Gap 2, 5, and 8; the fact inquiry results about the branch offices of the Korea Land Information Corporation in the first instance court; the purport of the entire pleadings

2. Determination as to the claim against the seller of this case

A. The Plaintiff asserted 1: (a) purchased the instant land in order to construct a primary complex building; (b) completed construction permission around November 10, 2015; and (c) conducted a survey of the instant land before commencing the construction; (d) became aware of the fact that the fence was built on the part of the instant erosion; and (e) there was no choice but to revise the plan to purchase the instant housing and H land and construct a primary complex building on both land and on both land.