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(영문) 부산고등법원 (창원) 2018.10.11 2017나23663
매매대금반환
Text

1. Revocation of a judgment of the first instance;

Defendant B shall pay to the Plaintiff KRW 275,00,000 as well as to the Plaintiff from November 1, 2016 to December 2018.

Reasons

1. Basic facts

A. On September 10, 2007, Defendant B purchased D apartment Nos. 103 1705, 1705 (103, hereinafter referred to as “instant apartment”) from the window of Changwon-si, Changwon-si, and resided in the instant apartment from around that time.

B. On September 18, 2009, the council of occupants' representatives of D apartment units (hereinafter referred to as the "council of occupants' representatives") contracted D apartment rooftop waterproofing construction works to Jinjin Development Co., Ltd. (hereinafter referred to as the "Yinjin Development") and performed the said construction work around that time.

C. Defendant B requested repair of defects to the council of occupants’ representatives, considering that water leakage was caused in the ceiling of the apartment living room in the instant apartment site around spring in 2010, due to the defects in waterproof construction, and that the council of occupants’ representatives requested repair of defects. Accordingly, the council of occupants’ representatives had lost containers and sloping work on the 103 rooftop.

Defendant B requested repair of defects to the council of occupants' representatives as water leakage occurred again from the apartment of this case's apartment site around the summer in 2012. On July 17, 2012, the council of occupants' representatives requested for the repair of defects in the dryjin Development and caused Jin Development to implement a waterproof construction work on the 103 rooftop rooftop (such as the installation of a lerarasium and a checkup tool) and a waterproof construction work on the apartment of this case's apartment living room.

On May 16, 2014, the Plaintiff entered into a sales contract with Defendant C to purchase the instant apartment at KRW 275,000,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer under the name of the Plaintiff on June 9, 2014, and received the instant apartment from Defendant B around that time.

E. After that, the Plaintiff leased the instant apartment to F, setting the rental period as two years from August 5, 2014.

F. F, around August 19, 2014, after moving into the instant apartment, viewed that water falls from the ceiling of the instant apartment living room, and confirmed the ceiling part of the instant apartment living room.

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