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(영문) 부산지방법원 2015.09.03 2013가합18380
하자보수금 등
Text

1. The plaintiff's lawsuit against defendant C is dismissed.

2. Defendant B’s KRW 111,779,012 and the Plaintiff’s 110.

Reasons

1. Basic facts

A. The Plaintiff as a party is the purchaser of the first-class neighborhood living facilities with the seventh-class reinforced concrete roof (hereinafter “instant building”) of Busan Jung-gu D (hereinafter “instant land”) and its ground-based reinforced concrete structure.

Defendant B is the seller of the instant building, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is the contractor of the instant building, and Defendant C’s representative director is the seller of the instant land as the husband of Defendant B.

B. Defendant C contracted the construction of the instant building on the ground of the instant land owned by Defendant B and delivered it to Defendant B after completion.

Defendant B obtained approval for the use of the instant building on September 9, 2010, and completed registration of ownership preservation on September 14, 2010.

C. On November 25, 2010, the Plaintiff entered into a sales contract with Defendant E and Defendant B for KRW 1,350,000,000 with respect to the instant land and building (hereinafter “instant sales contract”).

As the terms and conditions of the instant sales contract, the term of repairing defects shall be two years, but the term of waterproof relation defects shall be three years (hereinafter referred to as the “instant defect repair agreement”).

On December 16, 2010, the Plaintiff completed the registration of ownership transfer for the instant building based on the instant sales contract.

On December 23, 2010, the Plaintiff’s Gowon business Plaintiff registered the real estate rental business under the trade name “F” and is running the Gowon business in the instant building.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (if any, including a serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. In the building of this case, there are defects such as the specification of the defect list in the table of the defect list by the annexed sheet, and the cost of repairing the defect is KRW 136,436,765.

B. Eight generations, such as the instant building No. 301, etc., due to water leakage.

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