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(영문) 대구지방법원 2016.06.10 2015가단104326

손해배상(기)

Text

1. Defendant C’s KRW 33,160,00 for the Plaintiffs and 5% per annum from March 24, 2015 to June 10, 2016.

Reasons

1. Under Defendant D’s brokerage on July 18, 2014, the fact that the Plaintiffs jointly purchased 1/2 shares of the purchase price for each of the three-story detached housing of the 3-story-gu, Daegu-gu, North Daegu-gu and the 220.8 square meters and the lub roof of the ground (hereinafter “instant real estate”); and that the part of the instant real estate among the instant real estate is referred to as “the instant building”) by designating the purchase price for KRW 293,00,000 as the purchase price does not conflict between the parties.

2. Determination as to the claim against Defendant C

A. 1) Where the subject matter of sale lacks objective nature and performance that can be expected in light of transaction norms, or the subject matter of sale lacks the nature scheduled or guaranteed by the parties, the seller bears the buyer's liability for warranty due to the defect, and the existence of the defect is based on the time of establishment of the sales contract (see Supreme Court Decision 98Da18506, Jan. 18, 200). 2) In this case, the following facts were examined: (a) evidence Nos. 3-1 through 54; (b) evidence Nos. 7-1 through 14; and (c) the purport of the entire pleadings as a result of appraiser F's appraisal. The building of this case is a building with three housing units of the third floor; (c) the wall of the ground subsidence (in a red tank building, the bearing wall itself must serve as the front wall); and (d) the building's additional structure and reinforcement of the ground and reinforcement of the inner structure of the building, especially as follows.

(1) Subparagraph 101: Large volume of door attached thereto, cracks of the wall of a living room, heat of the wall of a living room, toilet wall and interior wall rupture, heat of the main wall, large number of wall and floor cracks, heat of the main wall, large inside wall and floor cracks, and walls lower part of the wall.