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(영문) 대구지방법원포항지원 2019.04.26 2018가합10147
손해배상(기)
Text

1. Defendant C and D jointly share KRW 91,650,400 for Plaintiff A and 5% per annum from February 2, 2018 to April 26, 2019.

Reasons

1. Facts of recognition;

A. The plaintiffs as the parties are married couple, and they purchase F.357.9 square meters in North-gu, North-gu, Mapo-si (hereinafter "the land in this case") from Defendant C and D (hereinafter "the defendant married couple"), and the 4th floor of reinforced concrete structure hybrid roof (hereinafter "the building in this case"). Defendant C and D, as their couple, jointly sell the land in this case and the building in this case (hereinafter "the land in this case and the building in this case") to Plaintiff A by constructing the building in this case on the land in this case, which are their joint ownership. Defendant E, as a certified architect, was designed and supervised at the time of the construction of the building in this case by the defendant married couple.

B. Around 201, the Defendant husband and wife newly constructed the instant building on the instant land. However, on May 17, 2011, before the Plaintiff’s husband and wife completed the construction of the instant building and registration of preservation of ownership, the Plaintiff entered into a sales contract with the Defendant husband and wife, stating that the purchase price of the instant land shall be KRW 170,000,000, but the down payment of KRW 160,000,000 shall be paid per contract date and the remainder of KRW 160,000 shall be paid on May 24, 2011. In short, on May 24, 201, the Plaintiff entered into a sales contract with the owner of the instant land to pay the purchase price of KRW 760,00,000 on the instant land and all of the instant buildings at the same time, and the remainder of KRW 6600,00,000 on the date of the contract and the registration of transfer of ownership (hereinafter “the instant land ownership”).

C. On November 15, 2017, an earthquake of 5.2, Jindo-do had occurred in the port area of the instant building, and immediately thereafter, there were serious cracks, breakages, destruction, steel fresh, etc. of the columns and walls of the instant building, and ground subsidence of the first floor parking lot, cracks, etc.

【Ground of recognition】 A dispute has occurred.

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