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(영문) 서울중앙지방법원 2019.12.05 2018가단5206854
손해배상(기)
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The real estate in the separate list 1) The real estate in the instant real estate and the extension thereof was originally composed of three stories on the land and the lower ground, but such extension was legally extended on November 28, 2013, and was reflected in the building management ledger and the register. (2) Defendant C was linked to the extension portion of the instant four stories, which was linked to the extension portion of the instant four stories on the date in the vicinity of the date, and used the entire four stories as his dwelling.

(The portion for the addition of this case) 48.8 square meters illegally extended (hereinafter referred to as “the addition of this case”).

The Plaintiffs are married couple.

On June 26, 2015, the Plaintiffs entered into a sales contract (hereinafter “instant sales contract”) with Defendant D, a licensed real estate agent, to purchase the real estate listed in the attached list in the status of extension from Defendant C (hereinafter “instant real estate”) in the form of joint brokerage between Defendant C and Nonparty E, and completed the registration of ownership transfer in the name of the Plaintiffs on September 2, 2015, after paying the purchase price.

C. During the period of Ansan-si, which is a local government having jurisdiction over the instant real estate, such as the corrective order and the imposition of a non-performance penalty, the head of the Gu, on October 13, 2016, entered the fact that the additional extension portion of the instant real estate was illegally extended, entered the fact in the building management ledger, and issued a corrective order for restoration to the original state, but the Plaintiffs imposed a non-performance penalty on the Plaintiffs who did not comply with the order, and the Plaintiffs paid KRW 4,953,00 on December 19, 2017.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 8 (including those with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendants asserted that the instant additional extension is an illegal building that is a seller or intermediary of the instant real estate, and subsequently remove the instant additional extension or impose a non-performance penalty.

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