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(영문) 부산지방법원동부지원 2016.01.22 2014가합2456
하자보수금
Text

1. The Plaintiff:

(a) Defendant B and C jointly KRW 135,266,67;

B. Defendant D is jointly and severally with Defendant B and C.

(b).

Reasons

1. Basic facts

A. (1) On April 9, 2014, the Plaintiff entered into a contract with Defendant B and C (hereinafter “Defendant B, etc.”) to purchase 2 lots of land, including 140.8 square meters, and Embel on its ground (hereinafter “instant building”) from Defendant B and C (hereinafter “Defendant B, etc.”) for KRW 1,690,000,000 (hereinafter “instant sales contract”), and entered into a special agreement as follows (hereinafter “instant special agreement”).

The actual provisions of the Agreement

2. Contract under the conditions of rights and facilities of the real estate subject to contract as of the date of contract;

3. The buyer examines the subject real estate and concludes a contract after confirming the copy of the register, register, and land use plan issued on the same day.

7. Administrative fines and civil petitions resulting from the change of the use of this building or other buildings shall be liable to the buyer.

(2) The Plaintiff paid the full purchase price to Defendant B, etc., and completed the registration of ownership transfer on the instant building and land under the Plaintiff’s name on May 20, 2014, and thereafter, runs the lodging business upon delivery of the instant building.

B. (1) On September 17, 2013, Defendant D received a contract from Defendant C for remodeling construction works for the first to fifth floors on the ground of the instant building (hereinafter “instant remodeling construction works”) from Defendant C, with the cost of construction KRW 610 million, and completed the instant remodeling construction works around October 2013.

(2) On April 16, 2014, Defendant D promised to repair defects arising in relation to the instant remodeling project from April 25, 2014 to October 25, 2014 with respect to the Plaintiff who succeeded to the period of defect repair (one year) and the details of repair agreed with Defendant C regarding the instant remodeling project (hereinafter “instant undertaking”).

C. On April 2014 to June 6, 2014, the Plaintiff demanded the Defendants to repair any defect, such as the outer walls and water leakages of the instant building. However, the Plaintiff was not properly repaired until now.

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