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(영문) 서울동부지방법원 2015.03.31 2013가합15829
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Comprehensively taking account of the purport of Gap evidence No. 1 and the entire arguments, Eul purchased an officetel 476 (hereinafter “instant real estate”) from the defendant Korea Asset Trust Co., Ltd. on October 19, 201, the plaintiff was transferred from B on October 24, 2012 the status of the buyer under the sales contract for the instant real estate, and the construction of the defendant Ku Treatment Construction Co., Ltd. was a contractor who constructed the instant real estate.

The Plaintiff asserted that the Plaintiff was jointly and severally liable to pay KRW 10,500,000,000 to the Plaintiff under the warranty liability stipulated in Article 9 of the Act on the Ownership and Management of Aggregate Buildings, in totaling KRW 10,000,00,000, in total, since the Plaintiff, who moved to the instant real property with her husband on August 6, 2013, had no choice but to reside in another place for 45 days during which the said construction was in progress, as the instant real property had a defect in construction, such as my mycococos, due to water leakage, and he has a defect in construction, such as mycossis, due to water leakage. Accordingly, the Plaintiff asserted that the Plaintiff, who moved to the instant real property with her husband, has a total of KRW 13,50,000,000 per day during the said period, as well as mental suffering.

However, it is not sufficient to acknowledge the fact that there was a defect in construction, as alleged by the Plaintiff, in the instant real estate only with the descriptions and images of No. 2-1, 2, and 3 of the evidence No. 2-3, and there is no other evidence

Therefore, the plaintiff's above assertion is without merit.

Therefore, the plaintiff's claim against the defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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