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(영문) 대구지방법원 2015.12.09 2015나5680

손해배상 등

Text

1. The defendant among the judgment of the first instance, ordered payment in excess of the amount ordered below.

Reasons

1. Facts of recognition;

A. On February 22, 2014, the Plaintiff entered into a sales contract with the Defendant’s wife D, representing the Defendant as a real estate broker, to purchase each real estate listed in the separate sheet, owned by the Defendant, for KRW 197,00,000 (hereinafter “instant sales contract”).

The plaintiff for the same year

3. 13. The Plaintiff completed the registration of ownership transfer for each of the above real estate, and at that time the Defendant received each of the above real estate from the Defendant.

B. On March 24, 2014, the Plaintiff spent KRW 1,500,000 to the cost of repair due to the leakage of outdoor toilets, oil boiler rooms, and multi-use rooms in the instant house, which were located in the real estate listed in attached Table 2 (hereinafter “instant house”).

C. Since July 12, 2014, the Plaintiff additionally spent KRW 1,500,000 as the cost of repair due to the underground boiler room and the toilet leakage in the instant house, and the same year.

7. 22. 1st floor, 200,000 won as expenses for repair due to a small room of the first floor or a second floor water leakage, and the same year.

9.12. The same year, consisting of 1,400,000 won for repair costs due to the number of rooftops, second floor, and outer walls.

9. 12th floor water supply works and exhaust works for the 12th floor water supply; 540,000 won; and

9. 15. Of course, 300,000 won was spent for the relocation and installation costs of the wing house due to water leakage.

On July 8, 2014, the Plaintiff received KRW 500,000 from C as the repair cost of the instant house, and around August 2014, the Plaintiff requested the Defendant to repair the instant house or to compensate for damages.

[Reasons for Recognition] Each entry or video set forth in Gap evidence Nos. 1 through 6, Eul evidence No. 1 (including branch numbers), and the purport of the whole pleadings

2. The assertion and its judgment

A. The plaintiff asserted 1 by the parties, at the time of purchasing the housing of this case from the defendant, there was a defect in water leakage in the housing of this case, and the plaintiff is added to the repair cost.