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(영문) 대전지방법원 홍성지원 2021.01.13 2018가단8989

손해배상(기)

Text

The defendant connects 2, 20 through 14, 21, 1, and 2 of the annexed drawings among the land of 371m2 in Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

1. Facts of recognition;

A. Plaintiff A owns unregistered Housing (hereinafter “instant Housing”) on the ground of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and Plaintiff B owns housing on the ground of F.

The defendant owns housing on the above ground D.

B. The Plaintiff A contracted the construction to the Defendant to the effect that the instant house was newly built on the ground above, and the Defendant received KRW 37,30,000 from the Plaintiff, and the Plaintiff A paid KRW 2,70,000 for the road construction cost and the incidental facilities construction cost directly.

(c)

After that, around 2016, the Defendant completed and delivered the instant housing construction to Plaintiff A.

(d)

Meanwhile, on the other hand, the Defendant divided the F. F. 436 square meters in his mother G name, and sold it to Plaintiff B. On April 20, 2009, the Defendant completed the registration of transfer of ownership in the name of H, the wife of Plaintiff B.

E. Of the land of 371 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the attached Form 2, 20 through 14, 21, 1, and 2 are used as a way to enter the land being used by the Plaintiffs in the public service, and concrete packaging was conducted with respect to the instant road around May 2012.

F. The Defendant also constructed the Plaintiff’s instant housing and the Plaintiff’s instant housing.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. As to the part of Plaintiff A’s claim for monetary compensation

A. The plaintiff A's assertion (i.e., the defendant of this case's housing site was deceiving the land of this case as one's own, and illegally constructed the housing of this case without obtaining a construction permit. The housing of this case seems to be eventually removed.

Therefore, the plaintiff A revokes the contract between the defendant and the defendant on the ground of the defendant's deception.

In addition, the plaintiff A does not entrust the defendant with the simple construction of the housing of this case, but the consent, design, and design of the housing site.