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(영문) 서울서부지방법원 2015.04.16 2014가합6268
손해배상
Text

1. Defendant D’s KRW 384,400,280 as well as 5% per annum from May 20, 2007 to August 7, 2014.

Reasons

1. Facts of recognition;

A. On May 19, 2007, the Plaintiff concluded a sales contract with Defendant B to purchase KRW 101,87,000,000, which was scheduled to be newly built by the said Defendant, and KRW 201,00,000,000,000,000 for the purchase price (hereinafter collectively referred to as “instant sales contract”), and Defendant C mediated the instant sales contract.

The instant sales contract specifies the subject matter as follows.

Yongsan-gu Seoul Metropolitan Government 101 Neighborhood and Multi-household 101 (Resangul), Yongsan-gu Seoul Metropolitan Government E, 201 (Resangul-gul-si)

B. On the ground of Yongsan-gu Seoul Metropolitan Government, Defendant B newly built a five-story house of reinforced concrete structure, a five-story roof, and an aggregate building for the purpose of neighborhood living facilities, and created the aggregate building register on November 18, 2007. Of the above aggregate buildings, both subparagraphs 101 and 201 of the aggregate buildings are written as the office.

(hereinafter referred to as "the instant real estate" in the aggregate of 101 and 201 among the above aggregate buildings.

On December 4, 2007, the Plaintiff completed each registration of ownership transfer with respect to the instant real estate.

Around October 2008, the Plaintiff received notification to correct the violation of the Building Act since it changed the use of the instant real estate to a house without permission. However, the Plaintiff did not correct it, which received a disposition imposing enforcement fines of KRW 19,400,280 in total from 2009 to 2013, and paid it.

[Ground of recognition] Facts that there is no dispute between the Plaintiff, Defendant B, and Defendant C, entry of Gap evidence Nos. 1, 3, 4, 8, and 9 (including numbers; hereinafter the same shall apply), the purport of the entire pleadings, and the right of confession between the Plaintiff and Defendant D pursuant to Article 257(1) of the Civil Procedure Act

2. Defendant C and Defendant D, a brokerage assistant to the Plaintiff, can purchase and lease the 1 and 2 floors of the Yongsan-gu Seoul Metropolitan Government E-Ground building newly built by Defendant B to the Plaintiff, and lease them after completion of the construction.

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