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(영문) 서울중앙지방법원 2015.05.15 2014가합29600
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation established with the purpose of running real estate leasing business, etc.

B. On May 23, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant land and building”) in KRW 1,705,00,000 (hereinafter “instant sales contract”) and paid KRW 170,000 to the Defendant as the down payment on the same day.

C. The Plaintiff’s representative director C and in-house directors D visited E-real estate consulting on the date of the contract to verify the current status of the land and buildings of this case by visiting the Defendant, or by the F’s brokerage, who is an employee of the said consulting, and upon examining the contents of the registration of the instant land and buildings, issued a complete certificate, land cadastre, and building register, and entered into the sales contract of this case.

The instant land and buildings are located inside the vicinity between the G land in Jung-gu Seoul and H land, and there is an I building on the G land above, and J building on the H land above the H land above.

A approximately 2.9m passage (hereinafter “instant passage”) is installed at the place where the instant land and buildings pass through one-person K pelle after passing through the said respective buildings.

E. The above I Building was constructed on the part of the instant land. For this reason, the Defendant became final and conclusive with the content that L is obliged to file a lawsuit claiming return of unjust enrichment (Seoul Central District Court 201DaDa2428933) against L to pay to the Defendant KRW 100,000 on the last day of each month from April 1, 2011.

F. Since the above I building is constructed with a part of the land in this case, the building in this case is constructed with a site part of the land in this case (188.2 square meters). Such contents are indicated in the building management ledger, but they are not included in the entire registration certificate concerning the building in this case.

[Ground of recognition] dispute.

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