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(영문) 서울중앙지방법원 2020.11.11 2019나80604
손해배상(기)
Text

1. All appeals filed by the plaintiffs and the claims changed in exchange in this court are dismissed.

2. Appeal;

Reasons

1. Basic facts

A. On March 10, 2018, the Plaintiffs purchased 1/2 shares of each of the real estate listed in the separate sheet from the Defendant (hereinafter “instant building”) as indicated in the separate sheet from the Defendant (hereinafter “instant purchase”) at KRW 2,450,000,000 in total (hereinafter “instant purchase”).

B. The instant building is a multi-family house with the fourth floor (the first floor above the ground level and the third floor above the ground level) composed of three households on each floor on the building ledger and on the registry, and a total of 12 households.

However, the fourth floor (the third floor) appears to have three households on the original building permit drawings or building ledgers. However, at the time of the sale of this case, there were only two households with subparagraph D (E) and F-F.

In addition, the original water tank part of the rooftop was changed and extended to residential space.

As such, there was no permission or report from the competent authority under the Building Act with respect to construction for the modification of structure, large-scale repair works, or water tank rooms of the instant building to increase the purpose of use into a residential space, which combines the E head of the instant building into a residential space.

(hereinafter referred to as “the instant structure modification, etc.” in total of the parts of the instant building structure modification and extension as above.

In addition, at the time of the sale of the instant building, there were considerable water leakages on the ceiling, small bank, and the ceiling, walls, etc. of each toilets of G, H, I, and F among the instant buildings, and the ceiling and walls of the bank.

(hereinafter referred to as “the instant part”) among the instant buildings, where the said parts are available, D.

The description of confirmation of the object of brokerage attached to the instant sales contract is prepared by the Department of Licensed Real Estate Agents who arranged the instant sales contract, and the Plaintiffs and the Defendant confirmed the contents thereof and affixed their signatures. The description of confirmation of the object of brokerage does not state any indication as to whether the instant building was in violation of the building ledger.

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