손해배상(기)
1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
The first instance court.
1. The basic facts of the claim (1) on May 18, 2007, the Defendant filed a report on extension with the Gwangju City Mayor on May 18, 2007, extended the 573.17 square meters [1st floor, 207.03 square meters (general restaurants), 184.07 square meters [1st floor, 137.96 square meters and 45.11 square meters (i.e., part below), 3 floors, 183.07 square meters (office; hereinafter referred to as the “instant building”) among the 2nd floor and 38.74 square meters (the part below, hereinafter referred to as “the extension of this case”). However, from the Gwangju City, the Defendant did not obtain approval for the use of the said extended part (hereinafter referred to as “approval for use of this case”).
(2) On September 15, 2009, the Plaintiffs entered into a contract with the Defendant to purchase the instant building (area 573.17 square meters) and its site at KRW 1.65 million (hereinafter “instant sales contract”). At the time of the instant sales contract, the Plaintiffs occupied dental clinics (including parts for extension) and beauty rooms on the second floor of the instant building as lessee and were in operation.
Since then, the Plaintiffs paid the full purchase price to the Defendant, and completed the registration of ownership transfer on the instant building and site on November 3, 2009.
(3) On March 30, 2011, the Plaintiffs submitted a report to change the name of the owner of the instant extension to their own from the Defendant to the Gwangju City Mayor, but the instant approval for use did not still have been granted.
(4) On March 14, 2015, the Plaintiffs concluded a contract with Nonparty H on the lease deposit amounting to KRW 20 million and KRW 600,000 per month for the second floor (including the extension of this case) of the instant building used as a dental clinic as above.
H applied for a general restaurant business license to operate a restaurant business in the second floor of the instant building, but it was impossible to obtain a business license due to the approval of the use of the instant building, and filed a complaint against the Plaintiff A by deceiving the lease deposit.
Plaintiff
A shall be at an investigative agency.