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1. The Defendants are jointly and severally liable to the Plaintiff each amounting to KRW 16,50,000 and the period from November 16, 2017 to September 13, 2018.
Reasons
1. Basic facts
A. The Plaintiff owned 300/1400 shares, Plaintiff B’s 2170/980 shares, F’s 300/140 shares, G’s 320/1400 shares, H’s 170/1400 shares, and H’s 170/1400 shares, and co-owners resided in an independent unauthorized building constructed on the land respectively.
(H, however, owned only land shares).(b)
When constructing a new ground on the land of Busan Northern-gu I, J, and K, the Defendants suffered some rupture damage on the land of this case, which is an adjacent building in which the Plaintiffs, F, and G reside.
C. On November 10, 2016, the Defendants purchased 300/140 shares of the instant land from the Plaintiff and 141,00,000 shares of the said land without permission from the Plaintiff’s residence, and completed the registration of ownership transfer with respect to the said land shares on December 6, 2016.
In addition, on November 10, 2016, the Defendants purchased 2170/980 shares of the instant land from Plaintiff B, and the land unauthorized building on which the Plaintiff’s residence, such as the Plaintiff, in price of KRW 170,50,000. On December 6, 2016, the Defendants completed the registration of ownership transfer with respect to the said land shares.
[Ground of recognition] Facts without dispute, Gap 1, 2, Gap 5-2, Gap 9, and the purport of the whole pleadings
2. The parties' assertion;
A. The Defendants alleged the Plaintiffs, instead of purchasing at discounted prices each of the instant land shares and its ground buildings from the Plaintiffs, agreed to sell to the Plaintiffs the part of 25 square meters-type 25 square meters-type 2, each of which the Defendants newly built to the Plaintiffs, at a discount of 10% of the general sale price.
However, the Defendants constructed a Newly-built Doctrine, not 25 square meters, and prevented the Plaintiffs from purchasing 25 square Doctrine Doctrine.
Therefore, the defendants are liable to compensate the plaintiffs for damages due to non-performance of obligation in the amount equivalent to the discount price of 25 square meters of loan purchase price of each 20,500,000 won x 25 square meters of average market price x 8,200.