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(영문) 수원지방법원 2021.01.21 2019가단20517
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty C Co., Ltd (hereinafter referred to as “C”) is the seller of the building of this case from e, F, G, H, and I (hereinafter referred to as “each of the instant units”) on April 22, 2016, and the Plaintiff is the owner who completed the registration of transfer of ownership with respect to each of the units of this case on August 31, 2018, when the title of each of the units of this case is collectively referred to as “each of the units of this case” among the first floors underground of the instant building from C, from April 2, 2016.

B. After December 31, 2018, the Defendant comprehensively succeeded to C’s legal status by merging C with absorbing C.

(c)

On the other hand, on April 19, 2018, before completing the registration of transfer of ownership of each of the units of this case, the Plaintiff sent to C a certificate of contents that changed the repair because there were defects, such as water leakage, etc. in the above units.

(d)

On March 13, 2019 and April 3, 2019, after completing the registration for the transfer of ownership of each of the instant units, the Plaintiff sent to the Defendant a certificate of content that, even after the repair work, the use of the units was still impossible due to the serious defects, such as water leakage, etc., and the Defendant sought to repair the defective defects that occurred in E and F, but the Plaintiff did not refuse to repair them, and all other units and common areas of the instant building except each of the above units were completed, and the Defendant sent a certificate of content that, on May 10, 2019, the Plaintiff would receive defective repair works regarding E and F from the defective repair works.

E. On January 19, 2020, after the filing of the instant lawsuit, the Defendant completed the defective repair work for E, F, and G.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 6-3, Eul evidence Nos. 1, Eul evidence Nos. 3-1 to Eul evidence Nos. 5, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiff is entitled to the remainder of the family room of this case before paying the remainder. The Plaintiff is entitled to the remainder of the family room of this case.

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