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(영문) 대구지방법원 포항지원 2017.02.14 2015가단305076

손해배상(기)

Text

1. The Defendant’s KRW 131,381,40 for the Plaintiff and KRW 5% per annum from August 2, 2016 to February 14, 2017.

Reasons

1. Basic facts

A. On April 21, 2015, the Plaintiff entered into a contract with the Defendant to purchase the instant building (hereinafter “instant sales contract”) at KRW 455,000,000 for the sales price of the instant real estate at KRW 455,00,00 for the sales price (hereinafter “instant building”) on the instant real estate and its ground (hereinafter “instant sales contract”).

B. The above sales contract was made at the E- Brokerage Office operated by D under the brokerage of Licensed Real Estate Agent D.

At the time, F and G were involved in the brokerage assistant or employee of the above brokerage office, and F and G were involved in the history of the above sales contract.

C. On May 20, 2015, the Plaintiff paid the sales price in full pursuant to the above sales contract, and completed the registration of ownership transfer in the name of the Plaintiff on the instant real estate.

On October 7, 2015, the Plaintiff demanded the Defendant to resolve the defect, such as that the front part of the instant building was frightened toward the rear side, and the problem that did not notify the Plaintiff at the time of sale, but the Defendant did not comply with the request.

Ultimately, on October 28, 2015, the Plaintiff filed a lawsuit claiming damages of this case.

[Ground of recognition] The fact that there has been no dispute, each entry and video of Gap's 1 through 4 (including ing number if there is no special indication; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. 1) Determination of the cause of the claim: (a) Where the subject matter of the sale lacks the objective nature and performance that can be expected in light of the transaction norms; or where the subject matter of the sale lacks the nature scheduled or guaranteed by the parties, the seller bears the buyer’s warranty liability for the defect; and (b) the existence of the defect is based on the time of establishment of the sale

(See Supreme Court Decision 98Da18506 delivered on January 18, 200). (B) Based on the above legal doctrine, the health unit A and the health unit A.