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(영문) 울산지방법원 2017.02.01 2015가단62295
손해배상(건)
Text

1. The Defendant: 5% per annum from November 20, 2015 to February 1, 2017 for each of the Plaintiffs’ KRW 990,00 and each of the said money.

Reasons

1. The Plaintiffs, on December 1, 2014, purchased the 4th floor building on the ground D (hereinafter “instant building”) from the Defendant in Yangyang-si, Yangsan-si, Yangyang-si, and completed the registration of ownership transfer on December 10, 2014.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. The Plaintiffs purchased the instant building from the Defendant and leased studio.

B. Of the instant buildings, water leakage was generated in two studio, and among which 205 studio was not leased because of water leakage from June 2015.

C. The Defendant is obligated to pay the Plaintiffs the 20,474,760 won (the 19,874,760 won monthly rent for the repair of defects) and the damages for delay.

3. Determination as to the cause of action

(a) The results of the appraisal commission made on October 28, 2016 by this Court are as follows:

1) Although there was a trace of leakage in the lower part of the stairs of heading 204, 205, 305, 305, 305, 402, and 402 of the instant building, the Defendant was not capable of leakage after re-establishment of the outdoor pipes around September 2015. 2) On-site investigation (as of September 5, 2016, October 10, 2016) and during the appraisal period (as of October 10, 2016), there was no leakage of results after non-verification, and there was no leakage of results after verification with the Plaintiffs.

3) The cost of repairing defects due to the leakage of the instant building is KRW 1,980,00 (According to the result of a request for appraisal supplement, the cost of replacing an outdoor hall re-established around September 2015 is excluded from the cost of repairing defects, considering the fact that the period of replacement is 28 years, including value-added tax, or the cost of replacing an outdoor hall re-established around September 2015.

B. As seen earlier, even though the instant building had a shale of water leakage, the Defendant re-established outdoor pipes around September 2015, and did not incur water leakage in the instant building from the date of closing argument to the date of closing argument, and the cost of repairing defects due to water leakage is KRW 19.8 million.

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