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(영문) 대전지방법원논산지원 2017.08.10 2016가단3402

건물하자보수 공사대금

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1. The Defendant’s KRW 14,00,000 and the Plaintiff’s annual rate of KRW 5% from October 8, 2016 to August 10, 2017.

Reasons

1. Facts of recognition;

1. The buyer may request the repair of any issue arising from the building for six months from the date of the balance, and the seller shall enter into a contract for the repair of the defect at the end of any request;

1. Even after the remainder date, the seller shall pay the costs of the underground water leakage on the buildings, boilers, and first floor, which are in progress, even after the remainder date.

On March 31, 2016, the Plaintiff purchased each land and building listed in the separate sheet from the Defendant for KRW 600 million. On May 11, 2016, the Plaintiff received each land and building at the same time as the full payment of the purchase price, and completed the registration of ownership transfer following the completion of the registration of ownership transfer.

(hereinafter the above sales contract is referred to as the “instant sales contract,” and the above building is referred to as the “instant building.” The special terms and conditions of the above sales contract are as follows:

[A] Although the Defendant alleged to the effect that the above sales contract (No. 1) was modified, it is presumed that the entire document was authentic due to the lack of dispute over the Defendant’s seal imprint affixed on the above sales contract, and in light of the witness C’s testimony, etc., it is difficult to recognize the fact that the sales contract was modified merely by the evidence No. 1).

The Defendant completed the rooftop waterproof construction of the instant building, taking into account KRW 6 million on March 2016 through April 4, 2016, but the rooftop, the first floor, and the underground water leakage phenomenon occurred on June 2016.

C. When the Plaintiff received a claim from the lessee of the underground part of the instant building, and the water leakage phenomenon continued, the Plaintiff requested the Defendant to pay several times from the end of July 2016 to the end of August 2016, but the Defendant did not comply therewith.

The Plaintiff completed the waterproofing construction of the first floor of the above building and the underground section from November 2016 to December 2016, 10,000 won.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 6 evidence, Eul 3 evidence (including each number; hereinafter the same shall apply), witness D's testimony and the purport of the whole pleadings

2. The cause of the action.