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(영문) 서울서부지방법원 2020.01.10 2018가단225855

손해배상 등

Text

1. As to KRW 72,151,944 and KRW 66,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 72,151,94.

Reasons

1. Basic facts

A. On August 25, 2005, the Plaintiff changed the name of the administrative district of the Silsung City owned by the Defendant from the Defendant to the Silsung Mdong.

D) A sales contract with a total of 35,023 square meters of land for a factory and nine parcels of land (Edong, Fdong, Gdong, Hdong, Dong, Jdong, Dong, Kdong, 21,781.73 square meters), and other attached structures and facilities (hereinafter collectively referred to as “instant real estate”) to purchase KRW 18,000,000 of land price (hereinafter referred to as “land price”) and to purchase the said real estate as a factory, etc. after completing the registration of ownership transfer on December 9, 2005.

B. However, among the instant real estate, the part of the Jdong Building (JJagllll roof, a single-story factory, 516.96 square meters; hereinafter “instant building”) where the wastewater treatment facilities are installed inside the instant real estate was constructed on the ground of 67 square meters of the instant land (hereinafter “L land”) adjacent to the instant real estate, and on November 29, 2016, the owner of the instant land demanded the Plaintiff to remove the part of the instant building by content-certified mail.

The plaintiff demanded the defendant to take measures such as acquiring and transferring the part of the land in violation of the contract as the seller, but the defendant did not take any special measures when confirming the fact related to the seller's warranty liability.

C. On March 16, 2018, the head of Dong-si branch office issued a prior notice of a disposition of corrective order to a building in violation of the Building Act on the ground that the building was constructed by impairing the construction line of 67 square meters among the instant building. On April 3, 2018, the Plaintiff urged the Defendant to fulfill the seller’s warranty liability once again on April 3, 2018. However, the Defendant considered the point at which the instant real estate was sold and the point at which the Plaintiff’s boundary was infringed.

참조조문