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(영문) 제주지방법원 2019.12.18 2017나13090
손해배상(기)
Text

1. All appeals filed by Plaintiffs and Defendant D are dismissed.

2. The plaintiffs added to this court.

Reasons

1. Facts of recognition;

A. On April 15, 2016, the Plaintiffs purchased F land and its ground buildings (hereinafter “instant building”) from Defendant D Co., Ltd. (hereinafter “Defendant D”) at the time of Jeju, under the brokerage of Defendant E Co., Ltd. (hereinafter “Defendant E”) for KRW 1 billion.

(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

(1) The current state of sales contract, including options for each household, is a sales contract.

(4) If a significant defect in a building occurs as of the date of delivery or the seller fails to give prior notice thereof, he/she shall take measures to repair or compensate for the defect.

Provided, That this is true only when there is a serious defect.

In addition, the period shall be limited to six months.

7. Two households of the first floor are neighborhood living facilities on the building ledger, but they are actually used for residential purposes, and the buyer is aware of them and concluded.

B. Among the description of confirmation of the object of brokerage prepared by Defendant E in relation to the instant sales contract, the item of “violationed building on the building ledger” in the item of the “building register” includes both the “violation” and the “law” part, and the “violationed act” also state that the “violationed act” consists of two household neighborhood living facilities in the first floor.

C. The Plaintiffs paid the full purchase price under the instant sales contract, and completed the registration of ownership transfer for each of 1/3 shares among the instant buildings on April 26, 2016, and received delivery of the instant building at that time.

There are two rooms on the first floor of the building of this case. Among them, the original purpose of K is being used for Class II neighborhood living facilities (offices) or studio, and the original purpose of subparagraph G is a parking lot (attached building status No. 5 parking lot part) or studio.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 5, 6, .

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