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(영문) 서울북부지방법원 2015.08.25 2014나7764
손해배상
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the funds ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On July 28, 2013, the Plaintiffs entered into a sales contract with the Defendant for KRW 3.5 million with respect to G apartment 104 Dong 2102 (hereinafter “instant apartment”) located in Dongdaemun-gu Seoul and G apartment 104 Dong 2102 (hereinafter “instant apartment”), and the down payment of KRW 30 million on the day, the intermediate payment of KRW 20 million is KRW 250 million on August 19, 2013, and the remainder payment of KRW 250 million on September 5, 2013 (hereinafter “instant sales contract”).

B. After paying the purchase price in full, the Plaintiffs completed the registration of ownership transfer on September 5, 2013 with respect to each of the 1/2 shares of the above apartment units, and were directors of the instant apartment units on September 9, 2013.

C. From the end of November 2013, when the plaintiffs operated boiler, the plaintiffs started to show a shaking of water leakage on the front floor of the bathing room and the front floor of the entrance door outside the entrance entrance of the entrance room. On February 2014, there was a water leakage phenomenon, such as water spilling out between the bathing room floor and the water exhausting water on the wall of the living room and the water exhausting on the wall when the boiler was operated.

On February 21, 2014, the Plaintiffs paid KRW 150,000 to the H representative I, and requested a water leakage inspection from I to verify that water flows between the floor of the living room, etc. altered, colored, and the front floor of the bathing room, due to heating leakage. On February 25, 2014 and March 11, 2014, the Plaintiffs sent to the Defendant a certificate of the purport to change the repair of defects, as the water leakage has spreaded damage, such as dump and fung, due to water leakage.

E. On March 5, 2014, the Plaintiffs sent a statement to the effect that the Defendant is unable to repair the defects, and that the fact of leakage occurred to theJ and the Defendant’s husband, and the Defendant’s pro-friendly relatives, two of whom, on April 15, 2014, visit the apartment of this case and visit the apartment of this case in front of the desire for damage caused by the previous damage, the center and windows of the living room, the wall of the living room, the wall of the book, and the wall of the entrance, the bathing room, and the wall of the new damaged part, which are the new damaged part.

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