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(영문) 서울서부지방법원 2016.02.19 2014가단239825
손해배상(기)
Text

1. Defendant B, C, and D jointly share KRW 1,750,000 with the Plaintiff and 5% per annum from February 6, 2016 to February 19, 2016.

Reasons

1. Facts of recognition;

A. On May 1, 2002, Defendant E purchased 401 square meters (30.51 square meters in exclusive title) of Yongsan-gu Seoul Metropolitan Government and 402 square meters adjacent thereto (37.08 square meters in exclusive title) and completed the registration of ownership transfer on May 1, 2002.

After that, Defendant D purchased 401 from Defendant E and completed the registration of ownership transfer on January 25, 2008.

On the other hand, on January 21, 2008, Defendant E leased KRW 401 from Defendant D as the deposit amount of KRW 50,000,000 and continued to use KRW 401.

B. On June 5, 2008, the Plaintiff entered into a contract with Defendant B and C, a licensed real estate agent, to purchase KRW 401 from Defendant D’s 242,00,000 for the purchase of KRW 401 from Defendant C, and completed the registration of ownership transfer on July 9, 2008.

Meanwhile, on July 9, 2008, the Plaintiff concluded a lease agreement with Defendant E with the same content as prior to Defendant E, by deciding to succeed to the lease agreement entered into with Defendant E.

C. The Plaintiff anticipated that the above multi-household house will be removed as the primary redevelopment project, and purchased No. 401. At the time of purchase, the Plaintiff paid the sales price in full and completed the registration of transfer of ownership without confirming the current status of Defendant E, the lessee of Defendant B and C, when visiting the above multi-household house with Defendant B and C.

However, in fact, 401 and 402 are constructed in a single unit of electricity, toilets facilities, boilers, gas pipes, and water supply measuring instruments without any household classification, and there are no walls between 401 and 402, and only one of the 401 and one of the 401 units is installed in the structure of the household.

After the Plaintiff filed the instant lawsuit against the Defendants, the Plaintiff and the Defendants B, C, and E sell 401 to Defendant E the amount of KRW 179 million instead of the Plaintiff’s restoration work to the original state against 401, and instead sell it to Defendant E the amount of KRW 179 million.

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