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(영문) 인천지방법원 2014.07.09 2013가단233123
손해배상(기)
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On February 17, 2013, the Plaintiffs, a couple of basic facts, entered into a sales contract with Defendant C, setting the purchase price of KRW 154,00,000 (hereinafter “instant sales contract”) with Defendant C as KRW 154,00,00 for each share of the instant land in the name of the Plaintiffs on April 30, 2013, and concluded a sales contract with Defendant C, and Defendant C paid KRW 65,00,000 for down payment on February 17, 2013, KRW 65,00,000 for intermediate payment on March 20, 2013, and KRW 74,000,000 for remainder payment on April 30, 2013, or the fact that there was no dispute over each share of the instant land in the name of the Plaintiffs on April 30, 2013, or the purport of each of the instant sales contract with Defendant C’s evidence Nos. 1 or evidence No. 41.

2. The parties' assertion

A. The plaintiffs' assertion 1) Although approximately 127 square meters worth approximately 16.45% of the total area of the land of this case were assigned to the road, the defendants, without notifying the plaintiff A of the above facts at the time of entering into the sales contract of this case, knew that the whole use of the land of this case was "transfer" and the size was about 772 square meters. (2) The plaintiffs planned to buy the land of this case at a higher price after the purchase of the land of this case and announced the defendants that they would not be used by being assigned to the road of this case.

3) Due to the Defendants’ unlawful act as described in the aforementioned Paragraph 1, the Plaintiffs were to: ① (i) the current real estate price of KRW 25,560,00 as of the said 127 square meters (i.e., KRW 127 square x 280,000); (ii) the portion equivalent to KRW 1,50,000 out of the registration fee, etc. for the instant land 5,236,000, and ③ the Plaintiffs were to know the current status of the instant land on September 25, 2013; (iii) the survey cost of KRW 1,00,000, and ④ the loan interest of KRW 840,000 and ⑤ other expenses.

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