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(영문) 서울중앙지방법원 2020.01.14 2018가단5198083

손해배상(기)

Text

1. Defendant B shall pay to the Plaintiff KRW 77,201,980 as well as 12% per annum from October 3, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B owned Pho Lake, which was extended without permission, to multi-household housing in Gangnam-gu Seoul and F ground (hereinafter “multi-household housing in this case”), G, H, I, J, K, K, L, M, N,O, and multi-household housing.

B. (1) On January 12, 2016, the Plaintiff, as a broker of Defendant C and D, purchased the instant multi-household G units with Defendant B for KRW 260,00,000, and H units for KRW 300,000,000, and KRW 700,000,000 (hereinafter “instant sales contract”).

(P) The sales contract was concluded, but the sales contract was not prepared.

(2) On January 29, 2016, at the time of the instant sales contract, the instant multi-household housing registration was completed with respect to the foregoing G, H, andO. (2) At the time of the instant sales contract, the instant multi-household housing registration was completed, wherein the instant multi-household housing registration was an illegal building of 54 square meters in balcony, and P was constructed with an illegal building of 71 square meters in the rooftop panel housing (hereinafter “instant illegal building”). However, upon knowing such fact, the Plaintiff entered into the instant sales contract with the knowledge of such fact, and the Plaintiff would be held responsible for the instant illegal building if any problem arises due to an illegal building after the occurrence of any administrative problem arising from the period of the ownership of the former owner, and the instant special terms in the column of the instant sales contract stating that “The seller is responsible for the remainder after the occurrence of any administrative problem arising from the period of

C.1) Meanwhile, on September 21, 2015, prior to the conclusion of the instant sales contract, the instant illegal building was registered as a non-compliant building on the aggregate building ledger of the instant multi-household housing. On November 17, 2015, Defendant B was removed from the non-compliant building on the ground that the instant illegal building was voluntarily corrected. (2) On August 17, 2017, after the conclusion of the instant sales contract, the instant building was again registered as a non-compliant building on the aggregate building ledger of the instant multi-household housing.

3) Defendant Gangnam-gu Seoul Metropolitan Government (hereinafter “Defendant Gangnam-gu”).