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(영문) 대전지방법원공주지원 2017.09.21 2016가단1204

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 6, 1981, the Defendant purchased cement brick cement cement brick and sap 49.6m2m2 in sap sap sap, and on January 22, 2008, registered a change to the effect that the above house was extended to cement brick structure and cement mortar and 98.2m2m2m2 in 2008 (hereinafter “instant house”).

(The date of extension shall be June 11, 1992). (b)

On April 9, 2016, the Plaintiffs purchased the instant house from the Defendant in KRW 141,00,000,000, and concluded a sales contract with the effect that they will succeed to the right to collateral security (hereinafter “instant contract”) established on the instant house, which is the maximum debt amount of KRW 72,00,000,000, and the debtor, the Defendant, and the public agricultural cooperative of the mortgagee-mortgage.

In addition, the Plaintiffs completed the registration of ownership transfer on the instant housing on May 19, 2016.

C. On May 26, 2016, the Plaintiffs entered into a design contract between F and F, who operates E architect offices, for extending the instant housing into a housing with the total floor area of 148.2 square meters of light steel dunes 2,00,000.

F accordingly, the F surveyed the instant housing. During the survey process, the land survey revealed that: (a) the retaining wall and the entrance 11.5 square meters of the attached Table 1, 2, 3, and 1 of the instant housing, connected each point of the instant housing, intrudes G in an adjacent official city with neighboring land areas; and (b) the attached Table 15, 7 through 10, 16, and 15, connected each point in the attached Table 15, 7 through 10, 16, and 15, connected each point; (c) the attached Table 20, 19, 18, 17, 11, 12, and 20, connected each point of the attached Table 1, 164 square meters in an adjacent official city with adjacent land areas of 15, 7, 166.6 square meters in an adjacent land with adjacent land areas of 2.2 square meters in the attached Table 30,198.

[Based on Recognition: Evidence Nos. 1, 2, 5, 6, 8, 9, 12, Evidence No. 2, Evidence No. 2, and Evidence No. 2 (including a serial number), and the result of the measurement and appraisal commission to the Director of the Korea Land Information Corporation, and the purport of the whole pleadings]

2. An error.