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(영문) 대구지방법원 2016.01.28 2015나5246
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B’s KRW 1,479,940 and its related amount on August 2013.

Reasons

1. Facts of recognition;

A. On August 26, 2011, Defendant B purchased the ownership of 132 square meters in Daegu-gu, Dong-gu, Daegu-gu (hereinafter “instant land”) from D, and newly constructed a single-story general restaurant of 65.76 square meters (hereinafter “instant building”) on the said ground, and completed the registration of initial ownership on its own name on February 28, 2012.

B. On April 13, 2012, the Plaintiff entered into a sales contract with Defendant B, a licensed real estate agent, to purchase the instant land and buildings in KRW 290,00,000 (hereinafter “instant sales contract”) as a broker of Defendant C, and completed the registration of ownership transfer on April 19, 2012 with respect to the said land and buildings in the name of the Plaintiff.

C. The special terms and conditions of the sales contract of this case stipulate that "the defective part of the construction work shall be completed completely by the seller," and among the confirmation and explanatory note of the object of brokerage (hereinafter "verification and explanatory note of object of brokerage of this case") prepared by the defendant C at the time of the conclusion of the sales contract of this case, the relation column with the road of the object of brokerage (hereinafter "the confirmation and explanatory note of object of brokerage of this case") shall be "(45m) abutting on the road)", and the gas (use) column of items (building) in the condition of inside and outside facilities shall be "urban gas": urban gas"; the heating method and fuel supply column shall be "urban gas"; the elevator column shall be "urban gas"; and the plaintiff and the defendant B affixed their seals on the confirmation and explanatory note of object of brokerage of this case

However, the building of this case is not adjacent to the road (45m x 10m) and urban gas and elevator are not installed.

E. Meanwhile, the Plaintiff operates G agency at a place less than 250 meters away from the instant building.

【In the absence of dispute over the grounds for recognition, the entry of Gap evidence 1-1, Gap evidence 1-2, Gap evidence 2-1 and 2-2, the testimony of the witness F of the first instance court and the purport of the whole pleadings

2. Assertion and determination

A. The reasons why the court stated this part of the claim for damages due to the leakage of buildings are relevant.

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