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(영문) 부산지방법원동부지원 2014.02.12 2012가단3236
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 June 27, 201, the Plaintiff entered into a contract with Defendant D (sellers) and Nonparty E (Buyers) to purchase KRW 216,00,000,000 for the F apartment 10,000 owned by Defendant B and C (hereinafter “instant apartment”) as a joint intermediary, and paid KRW 194,00,000 for the remainder at the time of the contract, and paid KRW 194,00,000 for the remainder on August 3, 2011.

B. The approval date of the use of the apartment of this case is August 19, 1996, and the contents of the sales contract of this case include the phrase “the toilet and small water leakage shall be liable to the seller for up to six months” (hereinafter “instant special agreement”).

[Ground of recognition] Unsatisfy, entry of Gap 1 through 3 (including branch numbers in case of additional number) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment on the assertion

A. The Plaintiff’s assertion that the instant real estate existed due to the defect in heating pipes. As such, Defendant B, C, and Defendant D, a seller of the instant real estate as a liability for nonperformance or warranty, are jointly and severally liable to pay the Plaintiff the cost of remuneration and the cost related thereto.

1) 3,124,00 won in the cost of repairing the main floor of a room with a small floor of KRW 5,325,00 in the cost of repairing the defect, KRW 4,33,00 in the cost of repairing the living room floor of KRW 4,33,00 in the cost of replacing the water supply pipes, KRW 556,00 in the cost of replacing the water supply pipes, KRW 2,212,00 in the entrance floor repair cost of KRW 2,200 in the cost of replacing the water supply pipes, KRW 16,149,00 in the aggregate of KRW 16,103 in the cost of repairing the water supply of the balcony on the main part of the kitchen of KRW 1103 in the cost of repairing the water supply, KRW 750,00 in the aggregate of the cost of repairing the outer wall on two occasions to detect the water leakage of the water in the instant case, KRW 300 in the cost of detecting the water leakage of the appraiser in the instant case.

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