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(영문) 대전고등법원 2017.01.18 2015나11760

하자보수

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. The primary facts: 【Evidence of Evidence】 Each entry of Evidence Nos. 1 through 7 (including all paper numbers); the testimony of witness G of the first instance court; and the purport of the whole pleadings;

A. On May 23, 2012, the Defendant entered into a sales contract between the Defendant and B, C, and D, and delivered a building (hereinafter “instant building”) with the Defendant: (a) on May 23, 2012, the Dong-gu Daejeon Dong-gu, Daejeon 683.6 square meters; (b) F large scale 802 square meters and its ground buildings (hereinafter “each of the instant real estate”); and (c) among them, the building is

Each of the 18/100 shares B, each of which was 4/100 shares C, and each of which was 38/100 shares each of which was sold to D in total to KRW 3 billion (the Defendant agreed to pay KRW 100 million for intermediate payment of KRW 350 million, when entering into a contract with B, C, and D, the intermediate payment of KRW 350 million in total, and the remainder of KRW 2550 million in total, on June 29, 2012.

Section B, C, and D 3 “B et al.”

(2) On June 7, 2012, the Defendant delivered the instant building to B and two others according to the said sales contract.

3) Upon entering into the above sales contract with B and two others, the Defendant agreed to the effect that “each defect is responsible for 12 months from the date of the delivery of the instant building in the event of the occurrence of any defect in the instant building, and repair the defect,” and that “the warranty period for the repair of the facility-related building drawings and equipment shall be one year (the entire repair of the defect shall be responsible to the seller for one year)” (hereinafter “instant defect repair agreement”).

(4) Two other parties (B) paid the down payment and intermediate payment pursuant to the above sales contract, but only paid the remainder KRW 450 million on June 29, 2012, which is the remainder payment date, and the remainder KRW 450 million was unpaid.

Accordingly, the Defendant agreed to receive the remainder of KRW 450 million from B and two other parties until June 29, 2013, and concluded to receive KRW 450 million. On June 29, 2012, the Defendant completed the share transfer registration with respect to each share purchased by two other than B and two other parties out of each of the instant real estate.

B. The conclusion of a sales contract between the Plaintiff and the Plaintiff and two other parties is a sales contract between the Plaintiff and B.