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(영문) 수원지방법원성남지원 2015.09.02 2014가단528
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. On December 28, 2009, B purchased from the Defendant the amount of 279 square meters (hereinafter “instant land”) of Soyang-gu Seoul Metropolitan Government C large-279 square meters (hereinafter “the instant land”) as follows:

(hereinafter “instant sales contract”). Indication of land: 42,680,00 won for the concurrent use of stores located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, and 279 square meters for designated use - settlement of the area: 442,680,00 won for the combined use of stores located in a multi-Korean housing site: Where a contract is entered into with a divided area prior to the completion of construction works and there is an increase or decrease in the area as a result of a final survey

Special agreement items: The purchaser shall directly verify the location conditions of land use, construction, parking lot, restrictions on the school health-related laws and regulations, various authorizations (such as development and implementation plans, district unit planning, traffic impact assessment including traffic impact assessment, plan for traffic impact assessment, etc.), related drawings, district unit planning, etc., and the development of land, development conditions of land, status of creation of special structure drawings (river bridges, ecological corridor, ground slope, other structures, etc.) in the district, such as the current status (e.g., shape, height, rockbed, ground slope, construction plan plan, etc.), and matters prescribed in the traffic impact assessment drawings (public transportation route plan, street network plan, three-dimensional intersection, road operation plan, other structures, etc.), and enter into a contract, and the responsibility incurred by failure to verify them shall be the purchaser.

B. On January 20, 2010, the Plaintiff succeeded to all rights and obligations under the instant sales contract from B with the Defendant’s consent.

C. On February 12, 2013, the Plaintiff paid KRW 442,680,000 to the purchase price. On September 6, 2013, the Plaintiff received return of KRW 30,812,760 from the Defendant according to the settlement of the area of the instant land (an amounting to 263.8 square meters from 279 square meters).

After the construction of the land in this case, the gradient is 16.97% to 21.71%, and the original design drawings are 23.386% on the ground plan and the cross-section map is 22.4% on the cross-section map.

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