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(영문) 의정부지방법원 2020.01.23 2018가단119070
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 17, 2017, the Plaintiff purchased KRW 225,000,000 from the Defendant for purchase of KRW 188,57,00,00 for the office of the Hanwon-gun, Kuwon-gun C, 588 square meters on the ground and the office of the Dongwon-gun, Mabromo-bro multi-story (hereinafter “instant housing”).

B. On November 3, 2017, the Defendant transferred the instant house to the Plaintiff on the same day as the Plaintiff would receive the balance of purchase and sale from the Plaintiff, and completed the registration of ownership transfer on the site and housing building in the future of the Plaintiff.

C. Around February 2018, the Plaintiff was a director of the instant house.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2

2. Plaintiff’s assertion and judgment

A. The instant housing, asserted 1, caused water leakage from the ground that the floor of a bath and the boiler room is higher than the floor of the house, caused water leakage into the house, and owing to that, there were defects, such as strawing water in each room, and sprinking water in each room, and spunging the entire water collection site for a long time, such as spunging, spunging, or leaving the bath and the wooden mold of each room.

In addition, the pipes of the septic tank are opposed to the above, so it is installed in a structure that is not possible to flow back, so there was a structural problem that the toilets change the toilets.

Nevertheless, the Defendant did not notify the Plaintiff of the foregoing housing defects and did not interfere with the use and profit-making, thereby allowing the Plaintiff to enter into the instant contract.

Due to such unlawful acts by the Defendant, the Plaintiff could not perform construction works on the bathing height of the instant housing, the living room and the kitchen, each room’s floor construction work and the gate frame, floor replacement work, and the scambling replacement work. In the process, water leakage occurred in boiler rooms, and it could not be repaired. Accordingly, the Defendant was 82,639,000 won and future repair costs, which are the costs incurred by the Plaintiff for the said construction, for property damage to the Plaintiff.

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