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(영문) 대전지방법원 2014.11.11 2013가단213776

손해배상(기)

Text

1. The Defendant’s each of the Plaintiffs’ KRW 12,763,400 and KRW 10,000 among them, respectively, shall be KRW 2,763,400 from August 20, 2013, and KRW 2,763,400.

Reasons

1. Determination on the cause of the claim

A. On March 14, 2013, the Plaintiffs asserted that they purchased KRW 140,00,00 from the Defendant for 140,000,00 from the Jinandong-gun E, Chungcheongnam-do (hereinafter “instant land”) and agreed to obtain the Defendant’s consent to the land category change necessary for farmland diversion and construction, etc., and the Defendant did not comply with the agreement. As such, the Plaintiffs sought payment of KRW 12,763,400 each due to warranty liability or nonperformance, and the amount equivalent to KRW 20% per annum from the day following the day of delivery of a copy of the instant complaint to the day of full payment.

B. (1) In full view of the purport of the argument as a result of the fact-finding conducted by the Jinan Military Office, the Plaintiffs concluded a sales contract of KRW 140,00,000 for the instant land from the Defendant on March 14, 2013, and paid KRW 140,00,000 for the said purchase price, based on the special terms of the above sales contract, the following: (a) the Defendant agreed to the Plaintiffs: (b) that “A seller shall obtain the consent of the buyer to use the access road for the diversion and construction of the instant land so that the access road can be used for the diversion of farmland; and (c) the Defendant did not obtain the consent of all the owners of the former Jinan-gun, G, H, I, J, K, L, and seven parcels, which constitute the access road of the instant land; and (d) the Defendant is liable for damages incurred to the Plaintiffs due to nonperformance of the obligation to obtain the consent to use the instant land.

(2) According to the court’s entrustment of appraisal of appraiser M of the scope of liability for damages, where access roads to the instant land have been secured and a building permit has been granted, the market price shall be 135,488.