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(영문) 광주지방법원 순천지원 2018.08.09 2016가단78261
손해배상(기)
Text

1. Defendant B’s KRW 3,200,000 and annual 5% from October 5, 2016 to August 9, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B was the owner of the building of the fourth floor E on the ground (hereinafter “instant building”), the Defendant C is the children of Defendant B, and the Defendant D is the spouse of Defendant C.

B. On August 7, 2015, the Plaintiff entered into a sales contract with Defendant B by setting the sales price of KRW 1.3 billion with respect to the instant building (hereinafter “instant sales contract”) and completed the registration of ownership transfer after full payment of the price on September 10, 2015. The said building was handed over on September 30, 2015.

C. The wall of the fourth floor of the instant building existed only from the time of the instant sales contract, and the Plaintiff discovered water from the wall of the fourth floor of the instant building around October 2015, and became known to the Defendants through a licensed real estate agent F, etc. who arranged the said sales contract.

Accordingly, through G that was in charge of the facility management of the building of this case, Defendant D carried out the construction of practical containers with regard to cracks through drainage channels of the instant building on the rooftop.

After that, around March 5, 2016, water level No. 106 of the building of this case occurred, and the above Licensed Real Estate Agent Office sent a construction business operator on March 24, 2016 and performed drainage work.

E. From April 2016, water leakage occurred on the wall surface of the fourth floor of the instant building and on the ceiling.

[Ground of Recognition] Facts without dispute, entry and video of Gap 1 through 7, 15 evidence (including virtual number) and purport of the whole pleadings

2. The assertion and judgment

A. Defendant B is the owner of the instant building, and Defendant C and D are the actual owners of the instant building. Since there were water leakages from the wall surface of the fourth floor and the wall surface of the river and the wall Nos. 308 and 106 due to the defect in the instant building, the Defendants are jointly and severally liable to pay damages of KRW 15 million (1.7 million paid by the Plaintiff as the cost of waterproof construction, and KRW 3,300,000,000) and damages for delay suffered by the Plaintiff.

B. The Plaintiff submitted each claim against Defendant C and D.

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