beta
(영문) 부산지방법원 2021.02.18 2018가단333575

하자보수금등

Text

The defendant's KRW 28,439,55 won and its relation to the plaintiff shall be 5% per annum from November 16, 2018 to February 18, 2021.

Reasons

1. Basic facts

A. On the ground of Jeju-si and one parcel, the Defendant newly constructed a two-story detached house of steel structure flat slive slive roof (hereinafter “instant house”) on the ground, and obtained approval for use on September 14, 2017, and completed registration for the preservation of ownership on the instant house on September 20, 2017.

B. On September 15, 2017, the Plaintiff purchased the instant housing from the Defendant at KRW 640,680,000, by determining the purchase price as KRW 640,680,00, and completed the registration of the transfer of ownership on the instant housing on November 3, 2017.

[Grounds for recognition] Evidence Nos. 1 to 4, Eul's Evidence No. 1, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion that the instant housing was newly built and sold by the Defendant had defects, such as unconstruction, erroneous construction, construction, and water leakage, and thus, the Plaintiff’s claim for damages incurred as a substitute for the repair of such defects and delayed damages.

B. According to the appraiser Gap evidence No. 11, and each fact-finding about appraiser D of this court, according to appraiser D's appraisal results and the whole purport of arguments, there were defects in the house of this case newly constructed and sold by the defendant as stated in the attached Table No. 18,889,00 won in total as the repair cost of the defect, and the design of the house of this case was not planned in the first floor of the house of this case. However, the defendant did not set up a scoo in the first floor of the house of this case without compensation to the plaintiff at the service level. The defendant suspended the construction of the above scoo in the condition of installation of bathing and water pipes. The defendant discontinued the construction of the above scoo in the condition of installation of bathing and water pipes, and the construction cost of reconstruction of the above scood 9,608,55 won in the attached Table No. 315,00 in the attached Table No. 3150 in the repair cost of this case.