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(영문) 인천지방법원 2020.11.25 2020가단212742
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 8, 2016, the Plaintiff entered into and implemented the instant sales contract. On January 8, 2016, the Plaintiff included approximately KRW 61.59 square meters of the D’s exclusive use area ( approximately 18 square meters; hereinafter referred to as the “instant building”).

(2) The sales contract of this case is the sales contract in which the sales price was purchased at KRW 185,00,000 (hereinafter “instant sales contract”).

(2) The Plaintiff paid the Defendant the remainder of KRW 182,00,000 on the same day and paid all the remainder of KRW 182,00,000 from around that time to February 28, 2016.

On February 24, 2016, the Defendant completed the registration of ownership transfer on the ground of sale with respect to the instant building (the size of 59.075 square meters on the certified copy of the register and the building register), and around that time, the Plaintiff was transferred the instant building from the Defendant, and is residing in the instant building until now.

B. During the process of concluding the instant sales contract and the construction without permission, E actually performed the sales business of the instant building with the Defendant’s children, and F, upon delegation, took charge of the sales agency business from September 2015 to May 2016. F directly participated in the process of concluding the instant sales contract with the Plaintiff’s mother who visited the instant aggregate building on January 8, 2016, together with G. 2) Meanwhile, the instant building was extended to the extent of 24 square meters (7-8 square meters) around November 2015, 2015, which was after the completion permission, to the effect that the actual use of the instant building was about 24 square meters in the actual use of the instant building, to G during the process of concluding the instant sales contract.

D3) On June 12, 2017, the Plaintiff received a notice of imposition of enforcement fines of KRW 1,330,000 on the ground that it did not perform corrective measures against the aforementioned unauthorized extension portion. C. 1) The Plaintiff did not notify the Defendant and E of the fact that it did not perform the corrective measures against the said unauthorized extension portion.

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