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(영문) 인천지방법원 2015.09.10 2014나16678
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. Defendant G is a licensed real estate agent who operated the office of Y licensed real estate agent in Gyeyang-gu Incheon, Gyeyang-gu, Incheon in 2009, and Defendant F was registered as a brokerage assistant at the office of the above licensed real estate agent from April 22, 2006 to December 30, 2010.

B. On September 25, 2009, the Plaintiff entered into a contract with 14 persons, such as B, C, D, E, etc., to purchase KRW 2,721 square meters of I forest land in Incheon, Incheon, for the purpose of purchase of KRW 370,350,000 (hereinafter “instant contract”) from the Z real estate in the degree of reinforcement by Defendant F’s introduction (hereinafter “instant contract”), and paid the remainder on November 10, 2009, the Plaintiff completed the registration of ownership transfer with respect to the instant land in the name of the Plaintiff on the same day.

C. The instant land is located within approximately 500 meters from K, and constitutes “K’s historic and cultural environment preservation area” pursuant to Article 13 of the Cultural Heritage Protection Act. On February 18, 2008, according to the “standard for the alteration of the current state of the surrounding State-designated cultural heritage” publicly notified by the Cultural Heritage Administration, only the reconstruction of existing buildings is freely permitted. To construct a new building, it refers to an area (section 2) subject to permission by the Administrator of the Cultural Heritage Administration (amended by Act No. 1000 on February 5, 201), Articles 34 and 90 of the former Cultural Heritage Protection Act (amended by Presidential Decree No. 22560 on February 5, 201), Article 23 of the former Enforcement Decree of the Cultural Heritage Protection Act (amended by Presidential Decree No. 22560 on February 5, 201). Meanwhile, the instant land was completely revised on February 5, 2011, and there was no change in the restrictions on the construction of a new building.

d.

C. On the instant land

The restrictions, such as Paragraph 1, are as follows: “I, on January 4, 2009, obtain permission for change of cultural heritage phenomenon (prior review) from the Cultural Heritage Protection Act (including protection zones and cultural relics) within 500 meters.”

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