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(영문) 인천지방법원 2019.10.10 2018가단2041
손해배상
Text

1. The Defendants’ respective Plaintiff KRW 8,337,889 and Defendant B with respect thereto from February 2, 2018, and Defendant C with respect to February 1, 2018.

Reasons

1. On August 4, 2016, the Plaintiff entered into a sales contract with Defendant B, under the brokerage of Defendant C, to purchase KRW 132.2 square meters of land D in Jung-gu Incheon Metropolitan City and KRW 59.5 square meters of housing on its ground (hereinafter “instant housing”) with the purchase price of KRW 165 million (hereinafter “instant sales contract”).

Of the description of confirmation of the object of brokerage prepared by Defendant C in relation to the instant sales contract, the item “whether the object is in violation of the building ledger” as stated in the building item column is placed in the body part of the “law”, and the seal of the Plaintiff and the Defendants is sealed at the end.

The Plaintiff paid the sales price in full in accordance with the instant sales contract, and completed the registration of ownership transfer on the instant building site and the instant housing on August 4, 2016.

In the instant sales contract, the instant housing is indicated as “a wooden house 59.5 square meters” with respect to the instant housing, and the real area of the instant housing is indicated as “a wooden flag 59.50 square meters” in the real estate register, but the actual area of the instant housing is extended by 34.23 square meters (hereinafter “the instant extension part”) compared to the area registered as 93.73 square meters, compared to the area registered as 93.73 square meters, the actual area of the instant housing is 6.2 square meters, 0.2 square meters, 0.4 square meters, G site is 2.2 square meters, and 3.8 square meters.

Defendant B did not obtain a building permit, etc. from the competent authority regarding the extension of the instant case.

[Evidence of Evidence] Uncontentious Facts, Entry of Evidence A Nos. 1 through 8, Results of on-site inspection by this Court, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 of the parties did not mention that Defendant B violated the fact that the instant house was illegally extended at the time of the conclusion of the instant sales contract, and that Defendant C, who arranged the instant sales contract, illegally extended the instant house, thereby infringing on adjacent land.

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