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(영문) 대구지방법원 2018.02.21 2015가단44820
손해배상(기)
Text

1. The Defendant’s KRW 29,455,00 for the Plaintiff and the following: 5% per annum from July 11, 2017 to February 21, 2018.

Reasons

1. Basic facts

A. On April 4, 2014, the approval for use was granted for a multi-family house of 17.16 square meters in the stairs room of 17.16 square meters in the stairs room of 17.16 square meters in the 2nd floor and 3nd floor (2 households), and a multi-family house of 4 floors (1 household), and 58.27 square meters in the 4nd floor (hereinafter “instant house”) of 4th floor in the gu Suwon-gu, Daegu-gu, Daegu-gu, Daegu-gu, the instant house, and the Defendant registered the preservation of ownership on April 7, 2014.

B. On August 11, 2014, the Plaintiff and the Defendant concluded a sales contract with the Defendant to purchase the instant housing and its site under the following conditions:

(A) Paragraph (1) of the purchase price of KRW 450 million (the contract amount of KRW 10 million is paid at the time of the contract, KRW 250 million is paid at the time of the contract, KRW 250 million, and the remainder of KRW 190,000,000 is paid on October 2, 2014): The defect repair period of the housing of this case shall be one year from the remainder date (hereinafter “instant special agreement”).

b) Paragraph 7: In the event of civil petitions in the atmosphere No. 401 due to the influence of the right of sunshine, all of the problems are attributable to the seller.

(hereinafter referred to as “instant special agreement clause 7”) C.

On October 2, 2014, the Plaintiff paid the remainder to the Defendant, and completed the registration of ownership transfer on the instant housing on the same day.

On July 24, 2014, the instant house was registered on the building ledger as “4th floor assembly panel, detached house (multi-household), 16.61 square meters for expansion of 16.61 square meters without permission” (hereinafter “the instant portion”). As to the instant portion of unauthorized extension, the Plaintiff was charged with imposing charges for compelling the performance of KRW 2,18,00,00 on the instant portion of unauthorized extension by the head of Daegu-gu head of the Gu Office on March 18, 2015.

E. On November 10, 2014, the Plaintiff, by content-certified mail, did not notify the Defendant of whether or not the remuneration for the water leakage in 302.0, and notified the Defendant of the new number of rooftop leakages and the water distribution plate loss. However, the Plaintiff was the minimum.

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