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(영문) 부산지방법원 2020.04.22 2019가합43319
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. On July 5, 2016, the Plaintiff, along with C, purchased a building listed in the separate sheet (hereinafter “instant building”) from the Defendant from the Defendant for KRW 3.5 billion. On August 3, 2016, the Plaintiff run the instant building with the trade name “D” from around that time after completing the registration of ownership transfer as to each of 1/2 shares of the instant building.

On November 8, 2016, the Plaintiff completed the registration of ownership transfer based on sale as of November 7, 2016, with respect to 1/2 shares of the instant building from C on November 8, 2016.

B. On December 19, 2016, the Plaintiff leased the instant building to E and F with a deposit of KRW 150,00,000, KRW 25,000 per month of rent, and the lease period of KRW 25,00,00 per month, from December 19, 2016 to December 19, 2018, and E and F engaged in the franchise business from December 19, 2016 to December 19, 2018.

The defects of pipes, pressure pumps, and transformers are dismissed due to the dismissal of any of the heating units G, H, I, J, K, L, M,O, P, Q, Q, S, T, U, V, W, X, X,Y, Z, AA, AC, AD, AE, AE, AF head of AF, a parking lot of the second floor, the second floor, the second floor, the second floor, the AGhoho, H, L, N, N, P, TR, Tho, W, the first floor outer wall, G, H, AE, AE, AE, and F, and the machinery of the AF.

C. On the other hand, on April 17, 2017, the Plaintiff filed a lawsuit against the Defendant for damages in lieu of defect repair (hereinafter “previous lawsuit”) on the grounds that defects exist in the instant building at the time of the sale of the instant building. On August 29, 2019, the Busan High Court received a partial winning judgment (the same court 2018Na5541), and the said judgment became final and conclusive on November 28, 2019.

The defects of the building of this case recognized in the previous lawsuit are as follows.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4-1, 2, 139, 215, and 222

2. The parties' assertion

A. The Plaintiff’s defective location of the Plaintiff’s assertion is located in Ghohos, I, Jhos, N, O, P, Rhos, S, U, V, Whos, and X in the previous lawsuit.

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