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(영문) 대구지방법원포항지원 2015.04.28 2013가단12561
손해배상(기)
Text

1. The Defendant’s KRW 69,759,433 to the Plaintiffs, as well as 5% per annum from February 14, 2015 to April 28, 2015.

Reasons

1. Basic facts

A. On January 24, 2013, the Plaintiffs purchased at KRW 495,000,000 (hereinafter “instant sales contract”) the land and its ground buildings (hereinafter “each of the instant real estate”). On January 24, 2013, Nam-gu E and its ground buildings (hereinafter “instant real estate”). The Plaintiffs purchased the instant building (hereinafter “instant sales contract”) separately from the Defendant, and the same year.

3. On 29.29. The registration of ownership transfer for each real estate of this case was completed in the names of the plaintiffs (each one-half share).

B. Meanwhile, the building of this case began to be newly constructed on May 1997, and was approved for use on November 3, 199, and the registration of preservation of ownership was completed in the name of the Intervenor joining the Defendant on November 29 of the same year. The Defendant purchased each of the real estate of this case from the Intervenor joining the Defendant on May 15, 2010 and purchased the same year.

6.21. Completion of the registration of ownership transfer under Defendant’s name.

C. In the case of NO.1 in the measuring location of the attached picture, approximately 130 meters in the front (road) shall be applied to the instant building, and in the case of NO.2 and NO.3 in the measuring location of the attached picture, 130 meters in the right side of the building, respectively, and 11 meters in the right side of the building.

(hereinafter “each of the instant defects”) D.

Expenses incurred in repairing each of the instant defects in the instant building are KRW 99,656,333.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 4, Eul evidence 3, appraiser F's appraisal result, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. As long as there are each defects in the building of this case which is the object of the contract of this case alleged by the plaintiffs, the objective nature, performance, or the nature that the plaintiffs and the defendant are expected or guaranteed in the building of this case. The defendant resided in the building of this case for three years, and knew or could have known that each of the defects of this case occurred, he delivered the building of this case to the plaintiffs as they were.

Therefore, the defendant, a seller, is based on the warranty liability or incomplete performance under Article 580(1) and Article 575(1) of the Civil Act.

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