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(영문) 창원지방법원마산지원 2017.06.14 2016가단105520
손해배상(기)
Text

1. The Defendant: (a) KRW 4,870,000 for the Plaintiff and KRW 5% per annum from October 27, 2016 to June 14, 2017.

Reasons

1. Facts of recognition;

A. On December 22, 1989, the Defendant completed the registration of initial ownership relating to the buildings listed in the separate sheet (hereinafter “instant building”).

B. On March 7, 2015, the Plaintiff, from the Defendant, leased the instant building one story of KRW 138.26 square meters as the lease deposit, KRW 50 million per month rent, KRW 1.5 million per month rent, and KRW 1.5 million from March 7, 2015.

C. On April 6, 2016, the Plaintiff purchased the instant building and its site from the Defendant in KRW 700 million, and completed the registration of ownership transfer on the instant building on the same day.

As a result of the appraisal on the instant building on November 23, 2016, it was confirmed that the damage caused by rupture and water leakage therefrom was confirmed in the sewage pipe between the second and third floors of the instant building; the corrosion of the connecting part and the water leakage therefrom was confirmed in the sewage pipe in the sewage pipe in the underground floor of the instant building; and on December 23, 2016, it was confirmed that the instant building was water leakage caused by water leakage from the floor of the stairs room in the underground floor of the instant building. The appraisal of the instant building was presumed to have deteriorated the main causes of the crack and corrosion of the relevant sewage pipe, and the causes of the water leakage in the floor of the basement room of the instant building were to be the excellent infiltration caused by the damage to the liquid waterproof layer of the floor.

E. The costs of repairing the pipes connected to sewage pipes and sewage pipes between the second and third floors of the instant building and the underground floor and repairing the liquid waterproof floors of the floor of the stairs room are 9740,000 won in total.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2, appraisal and supplementary commission of this Court C, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Where the subject matter of a sale lacks objective nature and performance which can be expected in light of the transaction norms, or the subject matter of the sale lacks the nature scheduled or guaranteed by the parties, the seller bears the buyer's liability for warranty due to such defects.

On the other hand, building permission cannot be obtained for the land purchased for the purpose of construction.

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