logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.09.27 2015가단38607
손해배상
Text

1. The Defendant’s respective KRW 25,196,628 against each of the Plaintiffs and 5% per annum from November 24, 2016 to September 27, 2017, respectively.

Reasons

1. Basic facts

A. On December 18, 2014, the Plaintiffs concluded a sales contract with the Defendant to purchase the Class 2 neighborhood living facilities (public notice source) and detached houses (hereinafter “instant building”) of the class 4th class E on the ground of Gwangjin-gu, Seoul Special Metropolitan City (hereinafter “instant building”) in the same share of KRW 1.560,000,000,000, respectively (hereinafter “instant sales contract”).

B. The special terms and conditions of the instant sales contract stipulate, “The sales contract for the present facilities shall be the buyer and the seller shall not raise any objection, even if there is any difference between the actual area of the land and the area on the public register in the future after confirming the site visit.” The phrase “matters requiring data concerning the state of the object” in the description of confirmation and explanatory note of the object of brokerage prepared at the time of the instant sales contract is indicated as follows: “A part of expansion exists. The first floor, the first floor, and the second floor building, the current status of the second floor, and the second class neighborhood living facilities (public notice). No civil and criminal liability shall be imposed on the seller or the opening business broker.”

C. The Plaintiffs fully paid the purchase price under the instant sales contract to the Defendant, and completed the registration of ownership transfer according to each co-ownership share as to the instant building on March 26, 2015.

On April 24, 2015, the head of Gwangjin-gu notified the Plaintiffs to correct the portion of the building in question by May 27, 2015, on the ground that there was an unauthorized extension of 16 square meters and 30 square meters of the 1st and 16th 30 square meters of the building in this case. Since the Plaintiffs did not remove the portion of the building without permission, the Plaintiffs notified the Plaintiffs to pay the amount of enforcement fines of 5,184,200 won for the said portion of the unauthorized extension. Accordingly, the Plaintiffs paid the enforcement fines of 5,184,200 won on August 20, 2016.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, and 9 evidence, purport of the whole pleadings]

2. The defendant's summary of the plaintiffs' assertion is a seller of the building of this case, which is an important part in the trade of the building of this case.

arrow