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(영문) 광주지방법원 2020.08.21 2019나64845
공사대금
Text

The judgment of the first instance, including the claims added by the plaintiff in this court, shall be modified as follows:

The defendant.

Reasons

Basic Facts

(1) On November 26, 2016, the Plaintiff purchased the land and building in Seo-gu, Seo-gu, Gwangju (hereinafter “instant real estate”) from the Defendant for KRW 1.1 billion.

(hereinafter “instant sales contract”). The sales contract of this case is written as a joint (purchase) name with the Plaintiff.

However, the Plaintiff did not assert the joint purchase, and the Defendant did not dispute to the effect that only a part of the cost of repairing defects in the instant case can be claimed, based on the above content of the sales contract. Thus, the Plaintiff acknowledged that the Plaintiff purchased the instant real estate.

(2) The instant sales contract states as part of the contents of the special agreement, “1. The sales contract is in the present state of facility, and the certificate of registered matters is confirmed, and the contract is concluded,” and “11. The defect repair period is one year after the remainder payment (including expendable goods, significant defects of the building, and leakage of the building).”

And at the time of the conclusion of the instant sales contract, each of the items “normal”, “heat”, “heat”, and “heat” are indicated in the items “normal”, “heat”, “heat” in the item of “building registry” among the description of confirming the object of the instant real estate, signed and sealed by the Plaintiff, the Defendant, and the Defendant.

(3) On January 31, 2017, the Plaintiff paid the remainder under the instant sales contract to the Defendant.

(4) On July 2017, water leakage occurs in the same side and south walls of the instant real estate, and rainwater is high on the parking lot floor and the Plaintiff demanded the Defendant to repair the defects, but the Plaintiff was directly repairing the instant real estate due to the Defendant’s failure to comply therewith.

(5) Although the design drawing of the instant real estate had to install landscaping facilities on the same side of the building, there was no landscaping facilities installed according to the design drawing at the time of the instant sales contract.

. Gwangju Metropolitan City;

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