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(영문) 수원지방법원안산지원 2015.06.11 2014가합3648
손해배상
Text

1. The Defendant’s KRW 141,546,00 for the Plaintiff and KRW 5% per annum from April 8, 2015 to June 11, 2015.

Reasons

1. Basic facts

A. On January 13, 2012, the Defendant sold to C the sale price of KRW 914,480,000 for sale on July 6, 2012, 2012, the land of KRW 20,000, including the land of this case (hereinafter “instant land”).

B. On March 28, 2013, the Plaintiff purchased the sales right of the instant land from C in the same amount as the above sales price, and entered into a contract on April 2, 2013 with C and the Defendant on the succession of rights and obligations with respect to the instant land.

C. On August 30, 2013, the Plaintiff paid the sales price in full, and completed the registration of ownership transfer on the instant land on October 10, 2013.

On October 2013, the Plaintiff entered into a contract for the design and supervision of the instant land (design content: 3th floor of a kindergarten building, building area, 568.52m2, total floor area, 1,544.26m2) with respect to the instant land by setting up the fees for an architect D and services as KRW 32 million (excluding value-added tax). On October 21, 2013, the Plaintiff entered into a contract for a new kindergarten construction project with respect to the instant land as KRW 1.53 billion (excluding value-added tax).

(hereinafter referred to as the “instant Corporation”) e.

On the other hand, the instant land is located on the side side of the road, and when viewing the E elementary school from the instant land, there is a retaining wall (minimum height, maximum height, about 2m, about 7m; hereinafter “the retaining wall of this case”) in a rectangular shape along the division boundary line between the back and left side of the instant land. The retaining wall of this case was installed in order to sell the instant land by partition, with a low level of height of each land in the course of performing a land readjustment and rearrangement project, and the Defendant is in the form of a foundation construction or support unit for installing the retaining wall of this case, in the underground space of the instant land.

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