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(영문) 서울남부지방법원 2020.05.01 2019가합103462

손해배상(기)

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1. The Defendant’s KRW 107,727,360 to the Plaintiffs, as well as 5% per annum from August 15, 2017 to May 1, 2020, and May 20, 202.

Reasons

1. Basic facts

A. The Plaintiffs are the buyers of the “E” commercial building located on the ground of Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant building”), F (hereinafter “instant commercial building”), and the Defendant is the seller of the instant commercial building who built and sold the instant building.

B. On August 15, 2017, the Plaintiffs entered into a supply contract with the Defendant to purchase the instant commercial buildings in the amount of KRW 2,078,70,000 (including value-added tax of KRW 50,700,000) (hereinafter “instant sales contract”); paid all the sales price on the payment date as listed below; and completed the registration of ownership transfer on February 25, 2019.

C. On the inside of the instant commercial building, there are two columns of 60cm wide x 60cm (attached Form 1, 2, 60cm wide x 20cm wide x 10cm wide x 10cm vertical length x 20cm vertical length x 20cm vertical length x 20cm vertical length x 20cm respectively (attached Form 3, 4 columns).

(2) In addition to the above columns, each of the above columns is located on the exterior side of the instant shopping mall. On the outside side of the instant shopping mall, a water pipe and underground parking lot entrance and exit alarm devices (hereinafter the above water pipe and underground parking lot entrance and exit alarm devices) are installed on the front side of the instant shopping mall, and there is a water pipe and underground parking lot entrance and exit alarm devices (hereinafter the above water pipe and underground parking lot, and a “each of the instant columns, etc.” including the instant columns, water pipe and alarm devices.

The floor plan of the commercial building of this case is as shown in the attached Form.

[Grounds for Recognition] Unsatisfy, Gap's statements and images of Gap's 1, 7, Eul's 4, the appraiser's appraisal result, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The plaintiffs' assertion 1: The defendant did not notify the plaintiffs of the conclusion of the sales contract of this case despite their duty under the good faith principle to notify the existence, location, and size of each column of this case.