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(영문) 부산지방법원 동부지원 2018.12.19 2018가합100525
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a seller of “G main complex building” (hereinafter “instant building”) located on the F of the Busan Eastdong-gu, Busan, and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is a corporation that sold the instant aggregate building among the instant buildings and sold it to the Plaintiff. Defendant C is the representative director of the Defendant C, Defendant E is the planning office of the Defendant C, and the head of the H real estate brokerage office, and the head of the H real estate brokerage office.

B. On December 15, 2015, Defendant C entered into a sales contract with Defendant C on a fixed basis as KRW 94,535,581 (i.e., KRW 504,260,166 as to KRW 102 as to each of the instant aggregate buildings (i.e., KRW 440,275,415 as to KRW 101). On July 18, 2016, the Plaintiff entered into a sales contract with Defendant C on a total of KRW 968,113,740 as to each of the instant aggregate buildings ( KRW 516,847,26,4755 as to KRW 102 as to subparagraph 102 as to subparagraph 101), and succeeded to the status of the purchaser in the instant sales contract from Defendant C (hereinafter “instant sales contract”).

C. Each of the instant condominiums is located on the 101st floor of the instant building, and there are columns of 1.61 square meters in the part of the right side inside 101 square meters among each of the instant condominiums and columns of 1.47 square meters in the middle part of 102 square meters in the middle part of 101 square meters.

[Ground of recognition] Facts without dispute, Gap 1-1, 2, Gap 5-1, 2, Gap 6-1, 2, Gap 7, Gap 8-1, 2, Gap 21-1, 21-2, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Although the Defendants should have notified or explained that the columns will be installed inside each of the instant condominiums, they conspired with the Plaintiff without notifying the Plaintiff of such fact, deceiving the Plaintiff by making a false statement as if they would be able to obtain high profit from the lease of each of the instant condominiums, and this was deceiving.

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