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(영문) 창원지방법원 2021.02.04 2019가단114969
손해배상(기)
Text

All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 21, 2019, the Plaintiffs entered into a contract with the Defendant to purchase the E- and F-ho (hereinafter “each of the instant real estate”) of the fifth fifth floor floor of Kimhae-si Building (hereinafter “instant building”) (hereinafter “instant sales contract”) and completed the registration of the transfer of ownership on March 6, 2019 for each of the first/2 shares on the grounds of the instant sales contract, after paying the purchase price.

B. Important matters of the terms of the instant sales contract are as follows.

The current contract is a sales contract in the state of the facility, the certificate of registered matters, and the contract is entered into. 4. However, the new tenant shall prepare this contract and the buyer shall receive the down payment.

5. (Contract: Provided, That a contract for comprehensive acquisition by transfer)

6. Management expenses and the repair expenses of the fourth floor shall be deducted from any balance;

[Ground of recognition] Unsatisfy, Gap 1 and 2's statements, the purport of the whole pleadings

2. At the time of entering into the instant sales contract, the Defendant asserted that the Plaintiffs had caused damages by leakage of toilets for each of the instant real property at the time of entering into the instant sales contract, and the damages were caused by each of the following floors. However, the repairs did not always lead to leakage.

The term "" refers to the following.

The fourth floor singinger of the building of this case did not have any leakage phenomenon at present, but there was five million won of the facility repair cost due to leakage occurred before.

On the other hand, the plaintiffs agreed on the amount of KRW 4 million with the musical instruments, and the plaintiffs paid the repair cost of KRW 4 million to the musical instruments, and then deducted the amount from the balance.

On February 23, 2019, the Plaintiffs drafted a new lease agreement with a new lessee. After completing the registration of transfer of ownership, the lessee made it possible for the lessee to use the building. On May 2019, when the lessee started the Mina site shop business, the number of the instant real estate owned to four floors from each of the instant real estate.

The defendant has existed before the time of conclusion of the contract of this case.

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