(영문) 수원지방법원 안양지원 2018.03.08 2015가단114218

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(영문) 수원지방법원 안양지원 2018.03.08 2015가단114218

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts - On September 17, 2014, the Plaintiff purchased from the Defendant KRW 1,720,000 as D forest land and KRW 319,00,00,00 adjacent to the 1,720,000,00,000,000, adjacent to the 1,170,000 square meters of land and its ground buildings (hereinafter “instant building”).

(The above land is named only once index when it is named). - At the time of the above sales contract, the total number of parking spaces of the building of this case is entered in the building ledger as 13, and the present status of the building is about 9 to the west of the building of this case, 4 to the south of the building of this case, and 13 parking spaces.

However, the vehicle toward the south of the building of this case cannot be parked, and instead D used it as an ancillary parking lot to the building of this case -

Then, on November 19, 2015, on the part of the Plaintiff, on November 19, 2015, the Special Metropolitan City issued an order to reinstate the Plaintiff to install four parking spaces attached to the south side of the instant building, such as the building status.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 7 evidence (including attachment of provisional number), Eul 1, the purport of the whole pleadings

2. The assertion and judgment

A. For the instant building that is the cause of the claim, it is necessary to have a total of 13 parking spaces and the total number of parking spaces is stated in the building ledger as 13.

However, according to the current status of the building, four parking areas south of the building of this case can not function as a parking lot at all, and there are no actual parking areas.

In order to solve this problem, the Plaintiff newly established a parking zone on the D parking lot with D parking lot 200 square meters and E road 119 square meters, and paid KRW 1,853,500, totaling KRW 7,353,500, and KRW 7,500,000 to the cost of design and construction, etc., by newly establishing a parking zone on the D partitioned land.

The defendant shall pay the plaintiff the above money with compensation for damage caused by the seller's warranty liability.

B. The judgment shall consist of 13 parking spaces of the building of this case in the building ledger.

유사 판례

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