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(영문) 서울중앙지방법원 2019.07.03 2018가합528099
손해배상(기)
Text

1. The Defendant’s KRW 120,420,770 to the Plaintiffs and 5% per annum from July 20, 2018 to July 3, 2019, respectively.

Reasons

1. Basic facts

A. On December 15, 2017, the Plaintiffs concluded a sales contract with the Defendant to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant from the Defendant, with the content that the Plaintiffs purchase KRW 5.2 billion (the contract amounting to KRW 520 million in December 15, 2017 and the remainder KRW 4.68 billion in payment as of January 15, 201) (hereinafter “instant sales contract”) with the content that the Plaintiffs purchase each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and that part of the remainder will substitute payment for the Plaintiffs to acquire D Banks and E Banks’ obligation to return the lease deposit and the obligation to return the lease deposit with respect to the instant building.

B. Meanwhile, in the process of concluding the instant sales contract, the Plaintiffs were notified by the Defendant that some defects exist in the instant building, and the notified defects are indicated in the general building ledger and the description of confirmation of the object of brokerage, as follows.

Illegal building portion (which is written in the general building ledger and the manual for verifying objects of brokerage) - On March 18, 2008 - [illegal buildings] Housing -649 : 6: 6 stories (the area of the balcony 13 square meters), - March 18, 2011 / [illegal buildings] Housing ---819 : The area of the water leakage and cracks in violation of 14 square meters in the rooftop plastic office (the area is written in the manual for verifying the object of brokerage): The area of the balcony - the (location: 4 stories) water leakage (the location: 4 stories): The area of the balcony 29.8 square meters above the area of the 41.01 square meters above the area of the 46.67 square meters above the area of the balcony 46.67 square meters.

C. In addition to the defects notified by the Defendant, the part concerning the construction of the 3rd place used as an indoor space by expanding the balcony as indicated below (hereinafter “the part concerning the expansion of this case”), the part concerning the expansion of this case, and the 3rd floor.

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