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(영문) 서울중앙지방법원 2019.06.26 2018가단5008128
손해배상(기)
Text

1. The Defendant’s KRW 6,216,876 as well as the annual rate of KRW 5% from January 27, 2018 to June 26, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. Seocho-gu Seoul Metropolitan Government C apartment 3rd floor D (hereinafter “instant apartment”) completed the registration of ownership transfer on July 26, 2003, and the Defendant completed the registration of ownership transfer on June 10, 201.

B. On December 13, 2016, the Plaintiff and the Defendant concluded a sales contract consisting of KRW 795,000,000 for the instant apartment (hereinafter “instant sales contract”), and the Plaintiff completed the registration of ownership transfer on the said apartment on February 15, 2017.

C. It is written to the effect that no leakage is available in the wall column among the detailed confirmations of practicing licensed real estate agents in the confirmation and explanatory note of the object of brokerage according to the instant sales contract.

After the Plaintiff moved into the apartment in the instant apartment, the Defendant transferred KRW 1,500,000 to the Plaintiff as the water repair cost upon the Plaintiff’s request on March 6, 2017.

E. In the toilets and embankments of the apartment of this case, water leakage, fung, and mycoa were generated around November 2017. The repair cost of the part, such as the above water leakage was appraised as KRW 8,881,252 as indicated in the separate repair cost calculation table.

[Ground of recognition] Unsatisfy, Gap evidence 1-10, Eul evidence 1-10, Eul evidence 1 and 2, the result of the commission of defective appraisal to Gap corporation E (Appraiser F), the purport of the whole pleadings

2. Determination as to the cause of claim, etc.

A. 1) The occurrence and scope of liability for damages is as follows: (a) where the subject matter of the sale lacks objective nature and performance that can be expected in light of the transaction norms; (b) where the subject matter of the sale lacks the expectation or performance, the seller bears the buyer’s liability for warranty due to the defect; and (c) the existence of the defect is based on the time of establishment of the sales contract (see Supreme Court Decision 98Da18506, Jan. 18, 200).

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