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(영문) 수원지방법원 2018.12.21 2017가합21513
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 23, 2016, the Plaintiff’s process of building permission for the purchase of land and the construction of a new building (hereinafter “C, etc.”) is as follows: C, D, and E (hereinafter “C, etc.”)

B) Between F. B. and F.241 square meters (hereinafter “instant first site”)

) The above single-story housing is 56.20 square meters (hereinafter referred to as the “existing housing in this case”) and the ground wooden machine and the pent roof housing.

(2) On May 11, 2016, the Plaintiff entered into a contract to purchase KRW 437,400,000, and paid the said purchase price to C, etc. (hereinafter “instant construction permit”) with respect to the new construction work of the fifth fifth floor of reinforced concrete structure (hereinafter “instant new construction work”) by the head of G, etc. under the name of C, etc.

3) On May 31, 2016, the Plaintiff did not complete the registration of transfer of ownership in the name of the Plaintiff with respect to the remaining existing house purchased by the Plaintiff in the instant initial site. The instant existing house was removed as stated later, and the relevant real estate register was closed on May 27, 2016 due to the destruction of May 23, 2016. The Plaintiff completed the registration of transfer of ownership with respect to the instant real estate. (4) On August 1, 2016, the Plaintiff submitted a registration of change of the title to the owner of the building to the Plaintiff to the said G head on August 1, 2016, and accordingly, the same month was identical.

3. A certificate for alteration of construction participants issued to the same purport;

5) Meanwhile, on June 2, 2016, the Korea Land Information Corporation attempted to conduct a cadastral survey of the first site for the construction of the instant new site upon the Plaintiff’s request. However, there was no cadastral survey on the ground that the boundary between the first site of the instant case and H large 9m2, which is its neighboring land, cannot be confirmed due to the difference between the size of the ledger and the size of the drawings on the cadastral record of the instant initial site. Accordingly, the Plaintiff purchased the instant H land, and thereafter, purchased the instant first site and the instant H land (hereinafter collectively referred to as “the instant final site”).

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