손해배상(기)
1. Defendant D Co., Ltd.: (a) as to each of the Plaintiffs’ KRW 2,277,463 and each of the aforementioned amounts, from September 9, 2016 to October 20, 2017.
1. The plaintiff's assertion as to the cause of claim
A. On April 15, 2016, the Plaintiffs concluded a real estate sales contract (hereinafter “instant sales contract”) with Defendant D Co., Ltd. (hereinafter “D”) to purchase KRW 1,050,000,000 of the purchase price for the F&D reinforced concrete structure, concrete branch housing, and Class II neighborhood living facilities located in Jeju (hereinafter “instant real estate”). On April 26, 2016, the Plaintiffs completed the registration of ownership transfer for the instant real estate on the instant date.
However, the instant real estate had defects, such as corrosion, water leakage, and myco pollution in the external timber window, and its repair costs are KRW 42,137,117.
Therefore, Defendant D is liable to pay each of the plaintiffs 14,045,705 won (42,137,117 won/3) as warranty liability.
B. Defendant E Co., Ltd. (hereinafter “E”) arranged the sale and purchase of the instant real estate to the Plaintiffs, and according to the building ledger and building status among the two households of the first floor of the instant real estate of this case, the remainder of one household is a neighborhood living facility, and even though the site of the parking lot was illegally remodeled and used for residential purpose, it was recorded in the confirmation description of the object of brokerage as if all the two households of the first floor of the instant real estate became a neighborhood living facility.
In addition, although the wall of the instant real estate was ruptured on the wall of the instant real estate and water was remarkably generated, it was found that there was no rupture on the confirmation manual of the object of brokerage.
Therefore, Defendant E does not clearly explain the current status of the instant real estate to the Plaintiffs, or concealed the defects of the instant real estate, thereby mediating the instant real estate sale and purchase, and thereby, the Plaintiffs suffered damages equivalent to KRW 42,137,117 and incurred expenses for repair works and removal works for G (parking lot site). The Plaintiffs may receive rent profits during the period of repair works.