손해배상(기)
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. On December 20, 2014, the Defendant entered into a sales contract with the Plaintiff on the land and its ground (hereinafter “instant land and building”) in Gyeyang-gu, Incheon Metropolitan City, 380.8 square meters, and individually named, to sell the instant land or the instant building to the Plaintiff at KRW 1.2 billion (hereinafter “instant sales contract”).
In addition, the Defendant was operating a child care center in the instant building, but around December 20, 2014, concluded a premium contract with the Plaintiff to transfer the instant child care center’s goodwill to the Plaintiff KRW 250 million (hereinafter “the instant premium contract”) (hereinafter “the instant premium contract”).
After the Plaintiff paid the Defendant the total amount of KRW 1.45 billion under the sales contract of this case and the premium of this case, the Plaintiff completed the registration of each of the instant land and buildings on March 27, 2015.
B. On January 9, 2019, while the Plaintiff was operating a child care center of D’s trade name (hereinafter “instant child care center”) in the instant building from the end of the end of December 2014, the Plaintiff received from the head of Gyeyang-gu Incheon Metropolitan City, the document stating that “The part of the instant extension without permission among the third floors of the instant building (hereinafter “instant extension”) was extended without legitimate reporting in violation of Article 14 of the Building Act.” As such, the Plaintiff was voluntarily maintaining the instant extension by February 10, 2019, stating the purport that “voluntary maintaining (desing, etc.) orders to voluntarily maintain the building and marking the violating building.”
In addition, on March 3, 2019, the Plaintiff informed the Defendant of the above written content.
C. The Defendant ordered E to perform the removal work of the instant extension portion (hereinafter “the removal work”), and the contractor completed the removal work of the instant case around May 2019.
After that, Incheon Metropolitan City.