beta
Text
1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 6,244,950 as well as the interest rate from January 12, 2016 to the day of full payment.
Reasons
1. Basic facts
A. On July 13, 1995, the Plaintiff is the owner who completed the registration of ownership transfer with respect to cement block structure (hereinafter “instant house”) on cement block structure on land D in Busan-gu Busan-gu.
B. On May 20, 2015, Defendant B Co., Ltd. (hereinafter “Defendant Company”) completed the registration of ownership transfer on the instant housing land, Busan Jin-gu E and F, Busan, and newly constructed a 9-story building on the said land (hereinafter “instant building”).
C. As a result of the construction of the instant building by the Defendant Company, defects, such as water leakage, fence, floor cracks, and subsidence, have occurred in the instant housing owned by the Plaintiff, and KRW 6,244,950 have been spent at the cost of repair of the said defects.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including additional number), appraiser G's appraisal result, the purport of the whole pleadings
2. According to the above facts of determination, since there were defects, such as water leakage and rupture, in the instant house owned by the Plaintiff due to the construction of the instant building by the Defendant Company, the Defendant Company is obligated to pay to the Plaintiff the costs of repairing the instant house, KRW 6,244,950, and damages for delay calculated at the rate of 15% per annum from January 12, 2016 to the date of complete payment, which is the day following the delivery of a copy of the instant complaint, to the day of complete payment.
The plaintiff also sought expenses for the repair of the defect in the housing of this case from the defendant company jointly and severally with the defendant company. However, the fact that the defendant company newly constructed the building of this case is as seen earlier, and there is no ground for the defendant C to bear the cost of the repair of the defect in the housing of this case. Thus, the plaintiff's assertion against
The defendant company is liable for the defendant company because the defect of the house of this case occurred due to deterioration or illegal extension, etc.