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(영문) 서울남부지방법원 2021.02.04 2019가단209943
매매대금
Text

1. The defendant shall receive KRW 389,629,00 from the plaintiff and at the same time obtain payment from the plaintiff, each of the real estate listed in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On October 15, 2018, the Plaintiff entered into a sales contract (hereinafter “the instant sales contract”) with the Defendant to purchase the land listed in paragraph (1) and paragraph (2) of the attached Table No. 1 of the attached Table No. 2 (hereinafter “the instant building”) owned by the Defendant to purchase KRW 575 million (payment on October 25, 2018, the intermediate payment of KRW 100 million, the intermediate payment of KRW 50 million, and KRW 425 million, the payment on December 10, 2018) (hereinafter “instant sales contract”).

B. The Plaintiff paid the Defendant the down payment of KRW 100 million and the intermediate payment of KRW 50 million.

(c)

In the rooftop of the instant building, approximately 34.4 square meters of a prefabricated board board (hereinafter “the instant rooftop room”) has been extended to one room (hereinafter “the instant rooftop room”). However, there is no particular entry as to the instant rooftop room in the real estate registry or the building registry.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including branch numbers), the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion did not explain that the instant rooftop was extended without permission at the time of the conclusion of the instant sales contract, and the Plaintiff concluded the instant sales contract without knowing that the instant rooftop room was extended without permission. Since the building of this case had defects in the room of the instant rooftop extended without permission, the Defendant, the seller, bears the warranty liability for the Plaintiff.

The amount of damages that the Defendant is liable to pay to the Plaintiff as warranty liability shall be the sum of KRW 4,830,000 for the removal cost of the instant rooftop room and KRW 45,700,00 for the decline in the market price of the instant building due to the removal of the instant rooftop. Thus, the Defendant shall be paid KRW 50,530,000 for the remainder of the purchase price from the Plaintiff at KRW 425,000,000 for the remainder of the purchase price (= KRW 4,830,000 for KRW 45,70,000 for the said damages) and KRW 374,470,000 for the remainder after deducting the remainder of the purchase price from the Plaintiff.

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