(영문) 인천지방법원 2016.11.22 2015가단15077

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(영문) 인천지방법원 2016.11.22 2015가단15077

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 16, 2005, the Plaintiff is the ownership holder who completed the registration of ownership transfer with respect to the Bupyeong-gu Incheon metropolitan apartment 301 (hereinafter “301”) (hereinafter “301”). B. As to Nonparty D’s 401 (hereinafter “401”), Nonparty D acquired the ownership on October 19, 2004 with respect to the above-story No. 301 (hereinafter “401”), the Defendant purchased it from D on January 25, 201 and completed the registration of ownership transfer on February 18, 201.

C. The Plaintiff had a dispute over D and water leakages before the Defendant acquired the ownership of 401.

After concluding a sales contract for No. 401, the Plaintiff requested the Defendant not to pay any balance to D on such grounds before the registration of ownership transfer. The Defendant requested the broker to keep the balance without paying KRW 2,00,000,000 among the remainder, and expressed his/her intent that the Plaintiff may pay to the Plaintiff within the limit of KRW 2,00,000 if the Plaintiff submitted a written estimate after completing the construction work, and there was a dispute as to the liability between the Plaintiff and the Defendant, such as notifying the Plaintiff to resolve the problem of leakage in relation to D, the former owner.

E. According to the appraiser E’s appraisal results, ① two pages and ceilings of the inner wall of 301, ② two pages and ceilings of the inner wall of 301, ③ 301, and ③ the ceiling and wall of the inner wall of the toilet of 301, and ④ one side of the main wall of 301, and the sum of repair costs for 301 and 401 to prevent such water leakage is KRW 4,754,200.

[Ground of recognition] without any dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1 through 12, Gap evidence 3-1, 2-3-2, Gap evidence 4, appraiser E's appraisal result, fact-finding inquiry reply to appraiser E on December 1, 2015, and the purport of the whole pleadings.

2. The judgment of the defendant on the previous defense of the merits is that the damage caused by water leakage under 301 was incurred before the defendant acquires the ownership under 401.

유사 판례

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