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(영문) 서울남부지방법원 2020.06.12 2019나63438
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. In the first instance court, the Plaintiff sought reimbursement of expenses for myi removal, expenses for repairing heating facilities, and consolation money to the Defendant. The first instance court accepted the claim for expenses for repairing heating facilities among them, and dismissed the claim for myi removal and consolation money.

In this regard, only the plaintiff appealed against the rejection of the claim for Fungi removal cost, the subject of this Court's adjudication is limited to the claim for Fungi removal cost as above.

2. Facts of recognition;

A. On September 27, 2018, the Plaintiff entered into a sales contract with the Defendant and Gangseo-gu Seoul Metropolitan Government (hereinafter “instant real estate”) to purchase KRW 660,00,000 for the purchase price of KRW 660,000. On that day, the Plaintiff paid the down payment of KRW 60,000 on that day, and paid the remainder KRW 265,00,000 on October 11, 2018.

(35 million won succession). (B) The lease deposit shall be 30 million won.

The contract prepared at the time of the sales contract was accompanied by the explanatory note for confirmation of the object of brokerage, and among them, the phrase “matters requiring data on the status of the object of brokerage” is written as follows: “The seller’s oral statement confirms that there is no inside facility condition, common and special characteristics, and shall apply mutatis mutandis to the seller’s warranty liability by no later than 180 days from the remainder date in the event of a defect in the main facility,” and each phrase is written as “the condition of the facility inside and outside the jurisdiction of Maritime Affairs Commission (a building)”.

C. However, on January 11, 2019, the Plaintiff sent to the Defendant a content-certified mail demanding compensation for damage arising from the warranty liability, asserting that the Plaintiff suffered damage equivalent to KRW 1 million at the repair cost due to mycotous in the wall of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

3. Determination as to the cause of action

(a) argument;

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