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(영문) 춘천지방법원 원주지원 2018.11.07 2017가단31721
손해배상(기)
Text

1. The Defendants jointly share KRW 55,776,224 with the Plaintiff, and 5% per annum from June 23, 2016 to November 7, 2018.

Reasons

1. Basic facts

A. On May 4, 2016, the Plaintiff entered into a real estate sales contract with Defendant C, a licensed real estate agent, to purchase the sales price of KRW 585,00,000 (hereinafter referred to as “instant real estate sales contract”) with Defendant B and Defendant B, and with respect to the instant real estate on June 23, 2016, the Plaintiff completed the registration of ownership transfer as to the instant real estate on March 23, 2016, by entering into a real estate sales contract for purchasing the sales price of KRW 585,00,000,000 (hereinafter referred to as “instant sales contract”).

B. At the time of the instant sales contract, among the instant buildings, the 1st floor was illegally expanded by 31.82 square meters on the ground, and the roof was also improved unlawfully, thereby increasing the height of the instant building.

(hereinafter collectively referred to as "illegal extension of this case"

On February 22, 2017, the original state Mayor notified the Plaintiff of the corrective order that a non-performance penalty may be imposed if the removal order or non-performance of the removal order regarding the illegal extension portion of this case may be imposed. D.

The Defendant Korean Licensed Real Estate Agent Association (hereinafter referred to as the “Defendant Association”) concluded a mutual aid agreement with Defendant C to compensate for its damage or damage to the property of the parties to a transaction by intention or negligence during the period from June 5, 2015 to June 4, 2016 with the mutual aid period of KRW 100,000,000, and the mutual aid period of mutual aid from June 5, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (if there are additional numbers, including each number; hereinafter the same shall apply), the purport of whole pleadings

2. Defendant B, as a seller of the instant real estate, has the duty to notify the Plaintiff of the fact that there was an illegal extension of the instant building.

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