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(영문) 수원지방법원성남지원 2014.04.16 2012가합200185
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 16, 2006, the plaintiff entered into a sales contract with the defendant for the B apartment No. 1304 Dong T101 (hereinafter "the apartment of this case") in Sungnam-si, Sungnam-si, and on March 31, 2010, the fact that the plaintiff moved into the apartment of this case after completing the registration of ownership transfer and has resided until now shall not be disputed between the parties.

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion 1) at the time of the sale of the apartment of this case, the defendant set the details of the supply and the supply of the apartment of this case separately, and the plaintiff reported the calleb and model down the apartment of this case to the sale price higher than that of the general apartment of this case in consideration of the view of the cryp generation. Unlike the contents of the sale contract, the defendant lost the view function of the cryp generation by constructing the apartment of this case at lower than that of the neighboring road. Thus, as damages for nonperformance due to the plaintiff's default, the defendant is obliged to pay 148,50,000 won equivalent to the purchase price of the apartment of this case equivalent to the consideration for the benefit of the view. 2) Unlike the sale contract, the defendant design and construction of the cyp belt of this case at a lower price than 1m, thereby causing infringement of privacy, water supply, loss of the function of the cryp and construction of the apartment of this case to the plaintiff.

3. Although the Plaintiff requested the preparation of countermeasures against defects in the apartment of this case before moving in, the Defendant, without taking any particular measures, avoided liability due to the Plaintiff’s negligence, while avoiding liability. Accordingly, the Plaintiff suffered serious mental pain due to two parts for three years, stress, etc., and the Defendant shall pay 50,000,000 won to the Plaintiff as consolation money.

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