(영문) 대구지방법원서부지원 2016.09.08 2014가단18586

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(영문) 대구지방법원서부지원 2016.09.08 2014가단18586

손해배상(기)

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1. The Defendant’s KRW 53,457,378 as well as the Plaintiff’s annual rate from August 24, 2014 to September 8, 2016, and the following.

Reasons

1. Basic facts

A. On August 9, 2013, the Plaintiff entered into a sales contract with the deceased on a purchase price of KRW 219,960,000 with the content that the Plaintiff purchases from the deceased KRW 277 square meters per annum and KRW 7 square meters per E (hereinafter “each of the instant lands”) for the purchase price of KRW 219,960,00.

(hereinafter “instant sales contract”). B.

In the instant sales contract, the Plaintiff and the Deceased entered into a special agreement with the Plaintiff, before completing the registration of ownership transfer on each of the instant lands, that the deceased’s land F, which is the deceased’s possession, and that the retaining wall facility should be completed between the land of this case and each of the instant lands.

C. Around August 2013, the Deceased installed a retaining wall (hereinafter “the retaining wall of this case”) in the part, including the boundary parts of the said F land and each of the instant lands, which constitutes the boundary areas of G and H land in the Gyeongbuk-gun, G and H. On each of the instant lands. The Plaintiff newly constructed a multi-household studio d building on each of the instant lands.

However, on April 7, 2014, the retaining wall of this case started with the collapse of one-lane and the same year.

5. 12. The same year;

5. 17. The same year

8. The collapsed 23. Accordingly, the ground subsidence, ground subsidence, and ground subsidence of the parking lot of the building constructed by the Plaintiff.

E. The Deceased died on July 17, 2014, and the Defendant succeeded to the rights and obligations of the Deceased.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, and 7 (including virtual numbers; hereinafter the same shall apply), Gap evidence No. 5, the purport of the whole pleadings

2. According to the facts found above, the retaining wall of this case installed by the deceased was collapsed and the deceased performed incomplete obligations under the special agreement of the sales contract of this case. Thus, the deceased is liable to compensate for the losses suffered by the plaintiff.

As to this, the defendant did not collapse the retaining wall of this case due to defective construction of the deceased, but the plaintiff purchased each of the lands of this case and then constructed a new building on the ground.

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