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(영문) 서울남부지방법원 2018.06.21 2017가합903
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 16, 2017, the Plaintiffs purchased buildings indicated in the separate sheet (hereinafter “instant Notice Board”) in the Yeongdeungpo-gu Seoul, Yeongdeungpo-gu and 229.1㎡ and the attached sheet (hereinafter “instant Notice Board”) operated as a public notice source on the land, from KRW 3,950,00,000 (hereinafter “instant sales contract”), and Defendant D Co., Ltd (hereinafter “Defendant D”) arranged the instant sales contract.

B. The Plaintiffs paid the full purchase price to Defendant C, and completed the registration of ownership transfer on March 16, 2017 with respect to the said land and the instant 1/2 shares, respectively, of the instant public notice board.

C. The current status of the building on the general building ledger of the instant Gosiwon is as follows, but unlike this, the first floor (office) and the first floor (office rooms and holes) above the ground were installed, and the 6th floor above the ground was illegally expanded or remodeled.

A Class II neighborhood living facilities (public notice source) of 127.32 a 1st floor of 127.32 an underground low-water tank (excluding total floor area) of 122.41 floors, and a parking lot (excluding parking lots) of 22.441 floors of 79 1st floor, and Class II neighborhood living facilities (public notice source) of 35.96 2nd floor of 132.31, 132.31 2nd neighborhood living facilities (public notice source) of 132.31 2nd neighborhood living facilities (public notice source) of 132.35.46 2nd neighborhood living facilities (public notice source) of 135.546 2nd neighborhood living facilities (public notice source) of 12.34 2nd neighborhood living facilities (public notice source) of 10.74 10.748 1414,149.14

D. On April 2017, the Plaintiffs applied for re-issuance of the complete certificate, such as fire safety facilities, etc.

In the process of the on-site inspection of the public notice source of this case, the Yeongdeungpo Fire Station confirmed the illegal purpose of use and reconstruction, and directed the restoration to the original state and the re-issuance of the certificate.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 9, 11, 13 (including each number in the case of provisional evidence), Eul evidence No. 3, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiffs 1) The Plaintiffs are obligated to compensate for damages by the Defendants.

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