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(영문) 인천지방법원 2019.10.10 2018나72744
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. Facts of recognition;

A. On April 30, 2017, the Plaintiffs concluded a contract with the Defendant to purchase KRW 8775 million (hereinafter “instant building”) the building site D and E and its ground buildings (hereinafter “instant building”) from the Defendant for KRW 875 million (hereinafter “instant contract”).

B. The contract of this case states that "the seller shall be liable and acceptance in the event of the occurrence of leakage or defects in the building until the remainder of the contract," but the plaintiffs and the defendant agreed by oral parties to the contract as the warranty period for defects for six months after the sale and purchase of real estate.

C. On June 30, 2017, the Plaintiffs paid the remainder to the Defendant, and completed the registration of ownership transfer on the instant building with their respective shares 1/2.

On July 2017, the Plaintiffs discovered a trace of water leakage in the stairs of the second and fourth floor, the fourth floor, the main room, and the living room of the instant building, and became aware of the fact that water leakage has been lowered due to water leakage.

E. On August 1, 2017, the Plaintiffs sent to the Defendant, on August 29, 2017, a content-certified mail, stating that “The instant building is likely to be subject to the warranty liability under Article 580 of the Civil Act against the defect of the instant building, as long as the instant building was carried out habitually on a non-road surface, and it does not carry out large-scale construction.”

F. It is anticipated that construction cost of KRW 26,647,617 is expected to be paid to all floors and external walls of the building from the underground floor to the fifth floor of the building in this case.

On February 2, 2018, the Plaintiff performed the pipeline construction of the fourth floor due to water leakage in the main room and the living room of the fourth floor, and the cost of adequate repair works is KRW 2,882,383.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 to Gap evidence 7, result of a request for appraisal of defects against F, the whole purport of pleading

2. Determination:

A. There is a defect in determining the cause of the claim in the building of this case, and there is also a defect in water leakage.

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