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(영문) 광주지방법원 순천지원 2018.11.27 2018가단70971
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 21, 2017, the Plaintiff entered into a sales contract with the Defendant with the following terms (hereinafter “instant sales contract”) and purchased at KRW 1,550,00,000 the instant apartment building and the 6th floor thereof (hereinafter “instant apartment building”) at KRW 1,550,000.

2. As to the sale of the above real estate under Article 1 of the terms and conditions of the contract, the seller and the purchaser agree to pay the purchase price as follows:

The purchase price shall be KRW 1550,000,000 (1,550,000,000) and KRW 10,000,000,000 shall be paid and received at the time of the contract, and the balance shall be paid on January 2, 2018.

[Matters of Special Agreement]

1. This Agreement will be comprehensive assignment and acquisition.

2. A sales contract under the current facilities, the identification of the certificate of registered matters, building register, etc., and the conclusion of a contract after the purchaser's return to the site (Omission);

5. The seller shall ensure that, for a six-month period, defects are guaranteed in the part of water which does not interfere with his/her business in operating a sale of goods;

(Provided, That this provision shall not apply where the buyer or the buyer performs any construction work on this building)

B. On the date of concluding the instant contract, the Plaintiff pays all remainder to the Defendant on December 29, 2017, and completed the registration of ownership transfer for reasons of sale on December 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 13, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the boiler of this case was replaced due to the lack of hot water, and there were defects such as the shouldering of the floor and the wall surface, etc., the Defendant is obligated to compensate the Plaintiff for the damages incurred to the Plaintiff, i.e., the sum of KRW 42,619,50 (2,800) for the replacement of boiler and KRW 42,619,50 (42,619,50) for the repair of defects, including the boiler replacement costs, and the boiler and the instant boiler at the time of the instant sales contract.

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