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(영문) 대전지방법원 2015.01.20 2014나102898
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. On February 28, 2013, the Defendant decided to sell approximately 325 square meters (hereinafter “instant land”) in Seo-gu, Seo-gu, Daejeon, a State-owned property owned by the Defendant. At the time, the appraised value of the instant land was KRW 329,225,00.

After that, the defendant issued a public announcement of the general competition in the sale of state property (hereinafter referred to as the "public announcement of this case") and the main contents are as follows.

2. Preliminary matters prior to the registration of tender;

A. The site site descriptions on the sale property do not vary, so the bidding participants are not aware of all kinds of public records, such as site answers and land use plans, after inspecting them in advance, and the time to accept them, and the person who has completed the bid registration shall be deemed to have verified and perused all matters of the goods concerned, and any disadvantage incurred by failure to confirm them shall be the responsibility of the bidding participants.

B. The land register of the sale property is the area indicated on various public books and cadastral maps, and the property is sold to the present state. As such, our office is not fully responsible for the restrictions on the relevant laws and regulations concerning the public records and cadastral defects or the utilization of the property, restrictions on the land utilization due to underground buried property on the sold land.

Therefore, relevant laws and regulations, site conditions, etc. must be confirmed in advance, and the timing for the visit shall be reached.

(c) Sales property is sold in the current state, so if it is necessary to conduct a survey to divide the correct boundary, the purchaser shall bear the responsibility, and the name or removal of ground objects, underground buried objects, and articles (waste and construction waste) that are not indicated on the subject matter of the sale shall be checked after the buyer confirms it and all related responsibilities (cost, etc.) shall be borne by the buyer.

B. On August 6, 2013, the date of the fourth public notice of tender, the Plaintiff was awarded a bid of KRW 292,00,000 for the instant land on August 6, 201, and on August 14, 2014, the Plaintiff purchased and sold KRW 292,00,000 for the instant land with the Defendant and the instant land.

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