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(영문) 광주지방법원장흥지원 2019.09.04 2019가단13

매매대금

Text

1. The Defendant’s KRW 28,254,958 for the Plaintiff and its related KRW 5% per annum from October 18, 2017 to September 4, 2019.

Reasons

1. The Plaintiff, on July 31, 2017, sold to the Defendant for KRW 254,00,000, a newly built house with D land and a newly built house (hereinafter “instant house”) in Gangnam-gun, Gangnam-gun, and agreed to complete the housing construction. The registration of initial ownership of the instant house was completed on September 7, 2017; the Defendant paid only KRW 210,000,000 to the Plaintiff by October 17, 2017, may be recognized according to the fact that there is no dispute between the parties or that the Defendant paid only KRW 210,00,000 as the purchase price to the Plaintiff by October 17, 2017.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the remainder of KRW 44,000,000 and damages for delay.

2. Judgment on the defendant's defense

A. The defendant asserts that the housing of this case requires 15,745,042 won to repair defects that exist in non-construction or non-construction defects, and it offsets the plaintiff's claim for damages equivalent to the defect repair costs against the plaintiff's purchase price claim.

According to the results of this court's appraisal and the purport of the entire pleadings, it can be acknowledged that there are defects such as the attached Form, and that 15,745,042 won is required to construct or repair the housing of this case.

B. As to this, since the part alleged by the defendant as a defect is not defective or can be cut down by the plaintiff, the attached Table 2,596,047 won is attached to the plaintiff.

1. (1), (2), (3), (6) and (6) of the defects;

1.4

3. The plaintiff's assertion that he/she has no liability to compensate for defects in excess of KRW 1,500,000, which is part of the plaintiff's number. However, the issue of whether the plaintiff can repair defects does not constitute a defect since there is no evidence supporting the plaintiff's argument that the plaintiff cannot prevent the claim for damages in lieu of the defect repair and does not constitute a defect. Therefore

C. The defendant has a claim of KRW 15,745,042 against the plaintiff in lieu of defect repair, and the period of payment shall be the same.