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(영문) 창원지방법원 2015.06.16 2014가단2443
약정금
Text

1. The Defendant’s KRW 16,73,00 for the Plaintiff and KRW 5% per annum from February 7, 2014 to June 16, 2015.

Reasons

1. Facts of recognition;

A. On November 30, 2012, the Plaintiff purchased the instant building from the Defendant for KRW 2.75 billion (hereinafter “the instant sales contract”) from the purchase price to KRW 2.75 billion (hereinafter “the instant building”), and received the transfer registration and delivery of ownership of the instant real estate on December 14, 2012, after paying all remainder of the building around December 14, 2012.

B. Upon entering into the instant sales contract, the Plaintiff and the Defendant indicated that “the seller shall guarantee and take responsibility for the defects related to the building exceeding the standard daily repair cost (excluding the number related to piping pipes) for one year from the remainder of the sales contract,” as the special agreement following the transfer of ownership.

C. The instant real estate was used by the Defendant as a shooting range, a health center, a golf driving range, etc., and the Plaintiff also purchased it and used as a shooting range, a health center, a golf driving range, etc.

After entering into the instant sales contract, the Plaintiff claimed the Defendant for remuneration for defects on November 19, 2013, before one year elapsed from the date of the payment of the remainder.

(e) The water leakage of a building itself is the water leakage or water leakage by cracks due to the poor performance of or damage to the rooftop or indoor waterproof layer. The water leakage of pipes means the water leakage from the pipes themselves, such as water supply, drainage, heating, septic tanks, etc. The water leakage of pipes. Among the defects existing in the building in this case, the water leakage of the building itself falls under the water leakage of the building itself. ① The water leakage of the floors side of the first floor, ② the water leakage of the first floor DH of the first floor, ③ the water leakage of the first floor, ④ the water leakage of the first floor, ④ the water leakage of the corridor at the entrance of the first floor, ④ the water leakage of the first floor, ⑤ the water leakage of the first floor, the water leakage of the outer stairs of the first floor, ⑥ the water leakage in the wall of the second floor, ± the water leakage in the second floor, ± the water leakage in the second floor, the water leakage in the second floor, the water leakage in the second floor, the water leakage in the second floor, the second floor, and the second floor.

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