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(영문) 대전지방법원 2016.10.26 2015가단222651
매매대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On July 25, 2014, the Plaintiff purchased from the Defendant the title 1 (hereinafter “instant housing”) of the Daejeon-gu Daejeon-gu Daejeon-gu C underground floor (hereinafter “instant housing”) for KRW 30 million.

The defendant completed the registration of ownership transfer in the plaintiff's future on August 21, 2014 for the housing of this case due to the sale.

B. Meanwhile, from the end of three months after the Plaintiff acquired the ownership of the instant housing, D demanded that the Plaintiff repair the instant housing from the time when the Plaintiff had resided in the lessee D of the lease agreement that the Plaintiff agreed to succeed from the Defendant, and D repair the instant housing from the time when three months elapsed since the Plaintiff acquired the ownership of the instant housing.

C. The Plaintiff refused to pay the rent as required by D and demanded the termination of the lease agreement to be prompt. The Plaintiff’s termination outline

On March 24, 2015, in response to the Gu, D paid lease deposit and director expenses to D, and D removed from the housing of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, witness E's testimony, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The parties' assertion that the plaintiff suffered a loss equivalent to KRW 10,264,00 [the amount of KRW 5,764,00 for the repair of defects and the amount of KRW 3,40,00 for the rent that the tenant could not obtain from the tenant for 17 months since he left the lease contract period, as the tenant left the lease contract period, (the rent of KRW 200,000 for the rent of KRW 1,10,000 for the tenant before the lease contract (the rent of KRW 200,00 for the month x 17 months)]. Thus, the defendant, the seller, is liable to compensate the plaintiff for damages equivalent to the above amount of the warranty liability

In this regard, the defendant had known about November 2014, which was around the time when the plaintiff acquired the ownership of the house of this case from the defendant, for three months since the defect due to the water leakage of the house of this case was caused by the defendant, and the defendant filed the lawsuit of this case on October 2, 2015.

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