(영문) 의정부지방법원 2019.11.21 2019나201434

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(영문) 의정부지방법원 2019.11.21 2019나201434

손해배상(기)

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1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 30, 2018, the Plaintiff purchased from the Defendant for KRW 600 million the C & 664 square meters (hereinafter “instant land”) and above-ground buildings (hereinafter “instant building”). On March 6, 2018, the Plaintiff completed the registration of ownership transfer on the instant land and buildings.

B. At the time, part of the compost for the instant building (the part connected to the public sewage pipe from the instant building to the public sewage pipe; hereinafter “instant compost”) was installed in part of the land adjacent to the instant land Kimpo-si (hereinafter “D land”).

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion 1) Plaintiff was installed without the consent of the owner of the D land. However, the Plaintiff’s landowner was no longer able to use the said discharge water as the wind that the Plaintiff rejected the use of the discharge water in this case and demanded excessive compensation. Accordingly, the Plaintiff’s land adjacent to the instant land in Kimpo-si (hereinafter “E land”).

(2) The Defendant is obligated to pay the Plaintiff a total of KRW 13,679,00 (= KRW 8,679,000), as damages for defective performance of a sales contract or defect in the object of sale and purchase (= KRW 500,000). (2) At the time of the construction of the instant waterway, the Defendant obtained the consent of the landowner at the time of the construction of the instant waterway, even if there was no such consent, the Defendant fulfilled all obligations under the instant sales contract, and thus, the Defendant cannot be deemed as liable for any defect in the sales contract or default.

B. Judgment 1 D. As to the installation of the instant waterway

유사 판례

-인천지방법원부천지원 2017.11.29 2017가단100798

-창원지방법원통영지원 2016.08.11 2015가단24804

-서울중앙지방법원 2020.09.25 2019가단26203

-부산지방법원 2018.06.14 2016가단349422

-인천지방법원 2014.06.18 2014가합259