손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 14, 2014, the Plaintiff entered into a contract with Defendant B to purchase KRW 50,000,000 for the purchase price of KRW 17,826, and KRW 25,00 for forest land (hereinafter “instant forest”) from Defendant B for the use as a cemetery (hereinafter “instant contract”), and completed the registration of ownership transfer for the instant real estate on August 1, 2014.
B. Defendant C as the father of Defendant B, who is the seller of the above real estate, represented Defendant B at the time of concluding the instant sales contract, and the Intervenor D was the broker who arranged the instant sales contract.
C. On June 13, 2017, the forest land E, among the instant forest land, is divided into E 16,892 square meters and H forest land into 1,232 square meters on June 26, 2017 after combining it with G forest land 298 square meters, and the Plaintiff transferred the ownership of the said H forest land to I on July 10, 2017.
Meanwhile, on June 19, 2014, the Plaintiff’s representative entered into a contract to purchase KRW 5,000,000 square meters of 562 square meters, which was adjacent to the instant forest, from Gyeong-gun, Sung-gun, Chungcheongnam-gun, the neighboring area of the instant forest, and completed the registration of ownership transfer on August 1, 2014, and transferred ownership to L on October 26, 2015. At present, a grave is installed on the said land.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, 8, 9, evidence 2-1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff concluded the instant contract with the belief that the ridge part of the instant forest is included in the instant forest with the boundary of another forest and a pelus. The boundaries of the instant forest and another forest are not the ridge, but the ridge part was not included in the instant forest, and the Plaintiff suffered losses from the Plaintiff’s use of the instant forest as a cemetery due to the seller’s warranty liability or tort, and thus, the Defendants sustained KRW 54,759,690 = the amount of damages incurred by the Plaintiff due to the seller’s loss of the value of the instant forest and/or KRW 44,430,00,00 for funeral construction cost.