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(영문) 창원지방법원 2018.11.22 2016가합53183
매매대금반환
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 24, 2015 to November 22, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building B on the window of Changwon-si (hereinafter “instant loan”) No. 202 (hereinafter “instant house”), and the Defendant is the project implementer and the contractor who newly built and sold the instant loan loan around April 2015.

B. On July 23, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase the instant housing in KRW 208,00,000 (hereinafter “instant sales contract”) and resided in the instant housing from July 24, 2015 after completing the registration of ownership transfer under the name, and thereafter, the Plaintiff, including the Plaintiff, complained of symptoms, such as two copies, mecons, and dust due to the use of the instant loan’s tap water.

C. On October 7, 2015, the council of occupants' representatives of the Dogra requested the Gyeongnam-do Health and Environment Research Institute to examine water quality by taking samples from bathing rooms 201 on October 7, 2015. As a result of the inspection, the council of occupants' representatives of the Dogra requested the Gyeongnam-do Health and Environment Research Institute to examine water quality. The table of the results of the inspection found 0.128 g/L (standard 0.05 g/L), DNA 0.031 g/L (standard 0.02 g/L (water quality standard 0.02 g/L), Toluene 0.7 g/L (water quality standard 1.41 g/L) and 2.486 g/L (standard 0.5 g/L) g/L (water quality standard 0.5 g/L) to determine water quality standards.

On October 20, 2015, the Defendant determined that the water drained in the water pipe of this case was the cause of smelling from tap water, and that the construction of replacing the water pipe No. 201 was conducted on October 20, 2015.

After the construction, on October 22, 2015, the Defendant collected samples from bathing rooms 201, along with the council of occupants' representatives of the instant lending, and requested the Gyeongnam-do Health and Environment Research Institute to examine water quality. The said samples were determined to meet the quality standards for drinking water on October 26, 2015.

E. The Defendant is from November 5, 2015 to November 8, 2015.

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