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(영문) 인천지방법원 2019.12.05 2019나50260
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following two provisions, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. According to the evidence No. 9 and witness I of the trial, I did not notify the plaintiffs of the existence of columns in the instant commercial building when preparing a sales contract with the plaintiffs as the head of the sales office of the E-building, and the opening of the E-building to the general public is after the instant sales contract was concluded at the time of completion (see, e.g., 9 pages). The plaintiffs entered into the instant sales contract on November 26, 2016 without visiting the instant commercial building at the time of completion, and the plaintiffs recognized the existence of columns by visiting the first commercial building on November 26, 2017.

Even according to the above facts of recognition, it is recognized that the defendant concluded the sales contract of this case without notifying the plaintiffs of the existence of columns inside the commercial building of this case. Thus, the defendant's assertion that the defendant explained and notified the plaintiffs of the existence of columns is without merit.

B. The Defendant: (1) received rent of the same amount as H that the Plaintiffs did not have any columns inside the commercial building; (2) accordingly, the value of the commercial building of this case was reduced due to the columns.

It is difficult to view that the plaintiffs suffered property damage, and ② the plaintiffs have passive possibility of reducing the sale price even though they knew of the existence of the columns on November 18, 2017, and it is difficult to seek compensation for damages because they acquired ownership by actively expressing their intent to refuse to pay the sale price or paying the balance on November 20, 2017 without cancelling the sale contract.

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