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(영문) 서울동부지방법원 2019.01.16 2017가단138846
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 27, 2016, the Plaintiff entered into a sales contract with Defendant C and Defendant B, the owner of the second-class neighborhood living facilities Fdongho Lake (hereinafter “instant Fdong building”) on the instant land, which was the owner of the instant land D large 2,232 square meters (hereinafter “instant land”) in Ansan-si, Ansan-si, and the second-class neighborhood living facilities G Dongho (hereinafter “instant G Dong building”) to purchase the instant land and the instant G Dong, and Fdong building at KRW 2.5 billion in the purchase price (hereinafter “instant sales contract”), and agreed to pay the remainder amount of KRW 2.50 million in the contract, and the remainder amount of KRW 2.50 million in the purchase price, respectively, on October 31, 2016.

B. On November 3, 2016, the Plaintiff extended the outstanding payment date between the seller and the seller as of November 3, 2016 to prepare a sales contract by dividing the instant land into real estate. On September 27, 2016, the Plaintiff prepared a sales contract stipulating the purchase price of KRW 1.84 billion as to the instant land between E and the seller. On October 28, 2016, the Plaintiff prepared a sales contract between Defendant B and the seller as to the instant Gdong building, which sets the purchase price of each of the instant Fdong buildings at KRW 328 million, respectively.

C. On November 3, 2016, the Plaintiff paid a balance to the seller pursuant to the instant sales contract, and completed the registration of ownership transfer in the name of the Plaintiff with respect to the instant land, instant Gdong, and Fdong building.

【Ground for Recognition: Facts without dispute, entry in Gap 1 through 3 (including each number in the case of additional number), the purport of the whole pleadings】

2. The assertion and judgment

A. Each party’s assertion (1) Around August 2017, the Plaintiff suffered damages by causing defects in water leakage in the instant Gdong and Fdong buildings, resulting in the Plaintiff’s expenditure for waterproof and repair works, return the rent to the lessee, etc.

In addition, the water meter for each building should be installed, but only the Gdong building of this case is installed.

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