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(영문) 서울중앙지방법원 2016.01.26 2013가단332692
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On October 31, 2013, the Plaintiff asserted that he/she was awarded a successful bid for the B Apartment No. 103, Dong 602 (hereinafter “instant real estate”).

The real estate in this case is based on a survey of the current status, and the structure was 3, 1, and 1 living rooms when based on the appraisal report, but it was found that 2 were known after the successful bid.

The preparation of such erroneous survey reports, appraisal reports, etc. is caused by the intention or negligence of enforcement officers and appraisers, and the Plaintiff is obligated to compensate the Plaintiff for the damages equivalent to KRW 25,630,000, as the Plaintiff trusted the erroneous survey reports, appraisal reports, etc., and incurred damages equivalent to KRW 25,630,00 necessary to remodel the instant real estate into three.

B. In full view of the purport of the argument in Gap evidence No. 5, the fact that the appraisal report prepared at the auction procedure for the real estate of this case was written as three real estate numbers of the real estate of this case in terms of the use status and structure of the real estate of this case is acknowledged, but the appraisal report contains the following: (i) the confirmation of internal structure is based on the current status drawings and the nearby search and investigation; and (ii) the possession relation is not sufficient to acknowledge the plaintiff's assertion on the above facts and the entries in Gap evidence No. 1 through No. 7, as it is stated as necessary for separate confirmation, considering the following: (i) the confirmation of internal structure is based on the absence of the owner and interested parties; and (ii) the possession relation is not limited

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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