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(영문) 부산지방법원 2015.12.10 2015가합6282
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B and C are married couple who constructed and sold the F building located in Nam-gu, Busan (hereinafter “instant building”) to the Plaintiff. Defendant D is the mother of Defendant B, and is the owner on the registry of the said building. The Plaintiff purchased the instant building from the Defendants.

B. The purpose of use and illegal repair of the instant building is five floors. At the time of obtaining the permission for completion, the instant building was the first floor on the design drawing; the second floor was the third, third, fourth, and fifth floor on the apartment house (multi-family house) and the third, fourth, and fifth floor on the apartment house (multi-family house). However, after the completion of the instant building, the Defendant B changed the second floor to a residential purpose, not for the second and second-class neighborhood living facilities; the second floor was changed to a residential purpose, not for the second-class neighborhood living facilities; and the third, fourth, and five floors were extended to the extension of non-proof walls; and the second and fifth floors were leased by illegally altering them into 20 studios in each room.

C. On November 26, 2008, the Plaintiff entered into a real estate sales contract with Defendant C, an agent of Defendant D, to enter into a sales contract by setting forth the following terms: (a) the purchase price of the instant building; (b) KRW 880,000,000; and (c) the special agreement:

(hereinafter referred to as the “instant sales contract”). The buyer confirms all parts of the instant special contract and all other documents after the on-site verification and enters into a contract with the seller for the violation of the parking lot due to the large number of parking lots after hearing explanation from the seller and the broker as follows.

1) The warranty period for the goods is the seller’s liability for one year. 2) The seller’s remainder shall pay the remainder immediately after checking the receipt of the fine imposed by the administrative agency.

3) The maximum amount of debt on the registration shall be KRW 28 million (the actual amount shall be KRW 1.6 million) and the deposit for the lease on a deposit basis shall be KRW 1.7 million (including KRW 5 million for the lease on a deposit basis).

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