logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.04.12 2017가합100435
손해배상(기)
Text

1. The Defendants jointly share KRW 331,474,66 to the Plaintiff, as well as the period from March 11, 2017 to April 12, 2018.

Reasons

1. Facts of recognition;

A. On May 7, 2015, the Plaintiff purchased from the Defendants the purchase price of KRW 8,930,00,000 from Seongdong-gu Seoul (hereinafter “instant land”) and its ground buildings in KRW 686.5 square meters (hereinafter “instant land”).

(Land: 8,900,000,000, for buildings: 30,000,000

On August 30, 2016, the Plaintiff discovered that a large quantity of waste was buried in the instant land while performing construction of an officetel to construct an officetel after removing the said building.

C. On October 19, 2016, the Plaintiff sent to Defendant A, B, C, and D a certificate of content that the Plaintiff would claim expenses after treating the instant land, if the Plaintiff did not request the disposal of the buried wastes and dispose of them.

The Plaintiff requested Telecommunication Construction Co., Ltd. (hereinafter referred to as “Tcom Construction”) to treat wastes buried, and the Tcom Construction completed the above treatment work around March 10, 2017.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 3, 6, 7, 9 (including paper numbers; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Determination

A. In the event that the object of a sale and purchase of warranty liability lacks objective nature and performance which can be expected in light of the transaction norms, or the party lacks the nature scheduled or guaranteed, the seller bears the warranty liability for the buyer due to the defect.

(1) In light of the above facts, the building construction cannot be conducted without removing a large quantity of wastes since a large quantity of wastes were buried in the instant land. Thus, the instant land constitutes a case where there is a defect in the subject matter of sale due to lack of ordinary quality and condition as a building site, and thus, the instant land constitutes a case where there is a defect in the subject matter of sale due to lack of quality and condition.

Therefore, barring special circumstances, the Defendants, a seller, are jointly and severally liable to compensate the Plaintiff for damages incurred by the Plaintiff as a warranty liability under Articles 580(1) and 575(1) of the Civil Act.

The Defendants’ assertion against the Plaintiff.

arrow