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(영문) 의정부지방법원 2014.04.22 2011가단65266
건물명도
Text

1. From March 26, 2014 to April 22, 2014, the Defendant: (a) Plaintiff Dongbu Construction Co., Ltd.: (b) KRW 25,947,692 and its amount.

Reasons

1. Facts of recognition;

A. On April 7, 2011, Plaintiff Asia Trust Co., Ltd. (hereinafter “Plaintiff Asia Trust”) was entrusted with real estate listed in the separate sheet (hereinafter “instant residential apartment”) by Altwon City Development Co., Ltd., and completed the registration of ownership transfer on April 7, 201, and transferred the registration of ownership transfer to Nonparty B on March 21, 2013.

On the other hand, the Plaintiff Dongbu Construction Co., Ltd. (hereinafter “Plaintiff Dongbu Construction”) takes charge of the defect repair and sale of C Apartments including the instant real estate.

B. On May 16, 2007, Nonparty D concluded a sales contract for the purchase apartment Nos. 110-2104 (hereinafter “the purchase apartment of this case”) with respect to the above E apartment Nos. 110-2104 (hereinafter “the purchase apartment of this case”) with the Plaintiff East Construction Co., Ltd. and the Plaintiff East Construction Co., Ltd.

The Defendant and the Defendant’s wife purchased the instant apartment from D on September 7, 2009 in KRW 305,90,000, and on September 14, 2009, succeeded to the rights and obligations regarding the instant apartment.

On October 9, 2009, the Namyang-ju City approved the use of the above apartment.

C. After moving into the instant purchasing apartment, the Defendant asserted that there were various defects in the instant purchasing apartment from December 2009, and the construction of the Plaintiff Dongdong had the Defendant be a director in the instant residential apartment while repairing the defects of the instant purchasing apartment.

On April 22, 2010, the Defendant: (a) water leakage of the instant apartment was caused by the pipe heat of water purifiers installed in the instant apartment on April 22, 2010; and (b) the instant apartment and the instant apartment were flooded by 110 Dong 2004, the lower floor.

This caused damage to the walls, floors, and the household of the defendant of the purchase apartment of this case.

E. Accordingly, ELA damage insurance company, which is an insurance company of Macua, Il-si, Co., Ltd., Ltd., shall be the defendant 54,49,149 out of the amount of damage caused by flooding, 52,681.

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