손해배상(기)
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.
1. Facts of recognition;
A. On August 16, 2006, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 471 square meters and 24 square meters in each of the instant land owned by the Defendant (hereinafter referred to as “instant sales contract”) and KRW 175,000,000 in each of the instant land, including the instant land, on November 13, 2012, and KRW 100,87 square meters in each of the instant land as well as the 175,000 square meters in each of the instant land and the 24.24 square meters in each of the instant buildings (hereinafter referred to as “instant buildings”) in each of the instant buildings, which were purchased at KRW 175,00,000 in each of the instant buildings (hereinafter referred to as “instant buildings”). The Plaintiff completed the registration of ownership transfer as to the instant land and the instant building on August 18, 208 following the payment of the purchase price.
B. At the time of the instant sales contract, the Defendant leased the first floor of the instant building to a third party with permission for an entertainment tavern, and the Defendant extended the second floor of the instant building without permission, and the Defendant was operating a restaurant (business report number: two weeks, G; hereinafter “instant restaurant”) with the trade name “H,” in front of the instant building. At the time of the instant sales contract, the Defendant agreed not only to transfer the right to each of the said unauthorized buildings and the instant building to the Plaintiff, but also to succeed to the name of the business license and the business report for the instant entertainment tavern and restaurant.
C. Meanwhile, the land adjoining to the instant land was set up a road of approximately 1.5 meters wide from the public road to the instant building, and even through small stairs established on the K land, the land can enter the instant building from the public road to the public road.
(hereinafter referred to as “the access road of this case,” including the above access road and the part of the brick stairs, D.
On December 7, 2011, the Plaintiff entered into a sales contract with L on the instant land and building and entered into the said contract on January 30, 2012.