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(영문) 부산지방법원 2018.06.27 2016가합42568
손해배상(기)
Text

1. Defendant C and D jointly share 38,58,065 won, and Defendant E share the above amount with the above Defendants.

Reasons

Facts of recognition

A. On October 16, 2014, the Plaintiffs purchased each real estate listed in the separate sheet from Defendant C and D (hereinafter referred to as “instant land”; the real estate listed in paragraph (2) of the separate sheet in the separate sheet from Defendant C and D; the “instant building”; and the instant land and the instant building collectively referred to as “instant real estate”; and Defendant E, a licensed real estate agent at the time, arranged the said sales contract (hereinafter referred to as “instant sales contract”);

B. On December 16, 2014, the Plaintiffs completed the registration of ownership transfer relating to each of the instant real estate 1/2 out of the instant real estate pursuant to the instant sales contract.

C. On May 20, 2015, the Plaintiffs: (a) leased the first floor of the instant building to F, from June 5, 2015, KRW 20,000,000; (b) monthly rent 1,000,000; and (c) from June 5, 2015 to June 5, 2017; and (d) F operated Kink sales stores on the first floor of the said building.

On November 16, 2015, Dongdong-gu Office issued the first corrective order to the Plaintiffs stating that “The change of unauthorized use is confirmed as it installs a building on the two parking spaces of the building in this case and uses it as a kitchen or place of business, so it shall be ordered to restore it to its original state by December 15, 2015 pursuant to Article 19-4 of the Parking Lot Act,” and ordered the Plaintiffs to restore to its original state by no later than January 5, 2016 because the first corrective order was not implemented.

"The second corrective order was issued."

E. On January 25, 2016, the Dong-gu Office issued an advance order to the Plaintiffs, and around March 2016, imposed an imposition of KRW 4,704,00 for each enforcement fine under Article 32 of the Parking Lot Act.

Accordingly, from March 30, 2016 to June 1, 2016, the Plaintiffs paid a total of KRW 9,408,000 to the Dongdong-gu Office for the enforcement fine.

F. On May 25, 2016, the Plaintiffs paid a fine of KRW 3,00,000 for a violation of the Parking Lot Act, Busan District Court Decision 2016 High Court Decision 5416, May 25, 2016.

G. On May 2017, the Dong-gu Office (hereinafter “Dong-gu Office”) again provides the Plaintiffs with each other pursuant to Article 32 of the Parking Lot Act.

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