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(영문) 인천지방법원 2018.12.05 2017가단255527
손해배상(기)
Text

1. The defendant shall pay 14,683,50 won to each of the plaintiffs and 15% per annum from December 16, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 2016, the Defendant, as a seller and trustee of the sale of buildings in lots, was engaged in the new construction and sale of buildings E, an aggregate building in Jung-gu Incheon Metropolitan Government D (hereinafter “E buildings”).

B. On November 26, 2016, Plaintiff A entered into a contract with the Defendant to purchase the second floor G of E-dong No. 2 (hereinafter “instant commercial building”) at KRW 652,600,000 for sale price (hereinafter “instant sales contract”) (hereinafter “instant sales contract,” and “instant sales contract”).

C. After completing the new construction of E building, the Defendant completed the registration of ownership preservation on November 7, 2017, and the designation date of the occupancy of the instant commercial building was designated as November 20, 2017.

Plaintiff

A transferred 1/2 shares of the instant commercial building to Plaintiff B, the wife on October 13, 2017, and the Plaintiffs completed the registration of ownership transfer based on the instant sales contract in proportion to 1/2 shares on November 20, 2017.

1) At the time of the conclusion of the instant sales contract, E building was under way built, and Plaintiff A was unable to look at the real property of the instant commercial building after entering the construction site. Thereafter, the Plaintiffs could look at the real property of the instant commercial building around November 2017, which was around the date of designation of occupancy. However, the inside of the instant commercial building, as shown in the Appendix 1 and the Appendix 2, are as follows.

(2) In the case of the second floor H of E building F of the instant building (hereinafter “H”) located immediately adjacent to the instant commercial building, the area of the instant commercial building is identical to that of the instant commercial building, and there is no columns inside the building. The Defendant set the sales price of the instant commercial building and the instant H as KRW 652,60,000 regardless of the existence of the aforementioned columns.

The second floor of E building FF has 54 commercial buildings in total, and among them, 11 commercial buildings including the instant commercial buildings exist inside the columns. The defendant does not consider the existence of the said columns.

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