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(영문) 춘천지방법원원주지원 2017.09.20 2016가단37432

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 40,293,158 as well as KRW 5% per annum on September 20, 2017, and shall be paid in full from the following day.

Reasons

1. Basic facts

A. On January 19, 2010, the Defendant made registration of ownership preservation on the 4th, 1, 2, and the 11th, and 3th, 3rd, of the instant building (hereinafter “instant building”). On January 19, 201, the Defendant leased the 1st, and 11th, of the 1st, to D, etc. of the instant building.

B. On March 24, 2015, the Defendant concluded a sales contract with the Plaintiff to sell the instant building at KRW 720,000,000 (hereinafter “instant sales contract”).

C. On April 10, 2015, the Plaintiff paid the purchase price in full to the Defendant, and completed the registration of ownership transfer on the instant building.

After all, from August 8, 2015 to November 6, 2016, a water leakage phenomenon occurred in the ceiling, such as kitchen, toilet, washing room, etc., and the floor and wall of the store or household in which the lessee is located among the buildings in this case.

[Ground of recognition] Facts without dispute, Gap's statements or images, appraiser E's appraisal results, the purport of whole pleadings

2. Occurrence of liability for damages;

A. The following circumstances acknowledged based on Gap evidence Nos. 4 through 10, appraiser E’s appraisal results, and the purport of the entire pleadings, namely, ① the number of water leakages on the ceiling, floor, and the wall of the first and third floors of the instant building after the plaintiff purchased the instant building; ② such water leakages occurred due to the inappropriate situation for processing installed without using pipes materials used in the instant building, or materials attached thereto, and ③ the said water leakages occur only before the plaintiff purchased the instant building and constructed the instant building within four months, and even around November or December, 2014, water leakages have already occurred in the instant building. < Amended by Presidential Decree No. 25789, Nov. 1, 2014>