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(영문) 인천지방법원 부천지원 2018.08.28 2018가단100177
손해배상(기)
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 19, 2017, under the brokerage of Defendant C, a real estate real estate agent, the Plaintiff purchased the building listed in the attached Form (hereinafter “instant building”) from Defendant B in the amount of KRW 548.1 million, but concluded a sales contract with the effect that the Plaintiff succeeds to the obligation to return the lease deposit to the lessee regarding the building, and completed the registration of ownership transfer on October 27, 2017.

B. Although the instant building was registered in the building register and the general building ledger on the instant building, the instant building was registered as a building from 1st to 2nd underground. However, in fact, the rooftop room, such as the attached Form, (hereinafter “instant rooftop”) was extended without permission on the rooftop of the instant building.

C. Meanwhile, on March 23, 2017, Defendant B leased the instant rooftop bank to D with the lease deposit amounting to KRW 40 million and the lease period from April 30, 2017 to April 29, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including virtual number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is expected to be removed in the future as an unauthorized building without permission extended without permission. As such, Defendant B’s warranty following the sale of such defective building; Defendant C, at the time of brokerage, failed to perform the obligation to explain the above fact of extension without permission to the Plaintiff at the time of brokerage pursuant to Article 25(1)1 and 2 of the Licensed Real Estate Agents Act; thus, the Plaintiff is jointly and severally liable for damages incurred to the Plaintiff.

Furthermore, with respect to the specific scope of damages, 15,987,00 won for the removal cost, and 21,916,200 won for the reduction of the market price of the rooftop of this case, and 77,903,200 won for the damages caused by the right to lease on a deposit basis equivalent to KRW 40 million for the removal of the rooftop of this case, and damages for delay.

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