(영문) 서울동부지방법원 2019.01.16 2017가단121282

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2019.01.16 2017가단121282

손해배상(건)

Text

1. The defendant shall be the plaintiff.

(a) Attached drawings (1), (2), (3), (4), (5), (6), and (1) of the real estate stated in the attached Form;

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of multi-household 3 E of the fourth floor located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant E”).

The Plaintiff purchased the above house from F on February 4, 2015 and completed the registration of ownership transfer on March 30, 2015.

B. The Defendant purchased Gho (which is the real estate stated in the attached Form; hereinafter referred to as “instant G”) on August 20, 200 and sold it to H until August 2017, and completed the registration of ownership transfer on September 29, 2017.

C. From January 11, 2017, the Plaintiff informed the Defendant of the occurrence of water leakage in the ceiling of the instant house E-house room, and demanded the Defendant to take measures to prevent water leakage, but the Defendant did not take any measures.

The Plaintiff leased the instant title E as KRW 20,000,000, and KRW 500,000,00 per month.

I complained of damage caused by water leakage, and terminated the lease contract on March 7, 2017 before the expiration of the lease term and removed.

Since then, the Plaintiff did not lease the title of this case.

E. Before H purchased the instant G, it performed waterproofing construction of toilets prior to the occupancy, and the water leakage of the ceiling part of the instant E’s living room was almost nonexistent, but the water leakage is continued on the side of the balcony and the main river and the windows of the living room.

F. The Defendant, while selling the instant G to H, agreed that the matters relating to water leakage (including disputes with the Plaintiff) are all responsible.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap 1 through 4, 6 through 8, 10 through 13, 15 through 20, 25 and 26, each entry and image of evidence Nos. 4 (including branch numbers; hereinafter the same shall apply), the result of the appraiser J’s appraisal, the purport of the whole pleadings

2. Determination as to a claim for damages

A. The above fact-finding and the result of the appraisal by the AppellateJ are recognized as a whole.

유사 판례

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