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(영문) 의정부지방법원 고양지원 2018.11.30 2018가단7347
손해배상 등
Text

1. The Defendants jointly share KRW 226,666 to the Plaintiff, as well as Defendant C with respect thereto from September 7, 2018, and Defendant D with respect to September 2018.

Reasons

The Defendants, on November 24, 2015, purchased all the aggregate buildings listed in the “Indication of the “One Building” listed in the separate sheet as “the instant building” (hereinafter referred to as “instant building”) with 1/2 co-ownership shares, and completed each registration of ownership transfer based on the following.

The total area of the 1st floor of the building in the building ledger and the real estate registration injury is indicated as 62.58 square meters, and the exclusive use area of the real estate in the attached list (hereinafter “instant commercial building”) among them is indicated as 54.71 square meters.

However, the instant commercial building had the area of 20.84 square meters for unauthorized extension adjacent to the exclusive use area (hereinafter “instant area”) in addition to the area on the public register as above.

On January 10, 2018, the Defendants leased the instant commercial building to the Plaintiff with a deposit of KRW 20 million, KRW 1.7 million, and the period from January 27, 2018 to January 26, 2020 (hereinafter “instant lease agreement”). The object of the instant lease agreement is indicated as “the entire 62.58 square meters of store on the first floor of the instant building.”

On January 27, 2018, the Defendants delivered all of the instant commercial buildings and unauthorized extension to the Plaintiff, and the Plaintiff used the instant commercial buildings and unauthorized extension as a store after performing the interior work.

On March 7, 2018, the Defendants received a correction request from the competent administrative authority on the ground that the portion of the instant unauthorized extension was illegal buildings. On or around April 2018, the Defendants notified the Plaintiff of the purport that “The Plaintiff will cooperate with the removal of the portion of the instant unauthorized extension, as it is planned to do so.”

On April 11, 2018, the Plaintiff notified the Defendants of the purport that “When the unauthorized expansion portion of the instant case was removed, the Defendant would reduce the size that the Defendant could use as the store.” Thus, the Plaintiff notified the Defendants of the purport that “the Plaintiff would reduce the size of the corresponding car and compensate for business losses incurred by the removal work.”

A construction business operator requested by the Defendants shall be on April 20, 2018.

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