(영문) 수원지방법원성남지원 2019.07.12 2017가단23461

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(영문) 수원지방법원성남지원 2019.07.12 2017가단23461

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 9, 2017, the Plaintiff purchased 300 million won from the Defendant for a part of the 96 square meters of the Do-gu, Sungnam-si and the 96 square meters of the 3rd floor of the 3rd floor of the housing, 48.37 square meters of the 2nd floor, 43.21 square meters of the 3rd floor, and 1.0 square meters of the 5th floor of the 5th floor of the 5th floor of the 5th floor of the 5th floor of the building (hereinafter “the building and the site in this case”). The Plaintiff determined that the transfer from the Defendant based on the balance date when the water leakage, etc. occurred due to the aging of the building at the time, the seller is liable for the buyer after the remainder date.

B. On November 17, 2017, the Plaintiff acquired the ownership of the instant building and site from the Defendant.

C. On the 1st floor of the instant building, there are rocks, such as the following [gam1] to [gam2], and the area occupied by a rock Ban among the total floor area of 53.18 square meters of the instant 1st floor is 22.8 square meters.

If the rocks on the first floor of the building in this case are removed, it is likely to collapse the building due to the collapse of the second floor.

[Reforest 1: cross-section 2] [The cross-section 2] [The fact that there is no dispute, Gap evidence 10 (including paper numbers) and Eul evidence 1], the result of the commission of appraisal to appraiser E by this court, the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff did not notify the plaintiff of the existence of the base team in light of the good faith principle, and the base team of this case constitutes a defect. Thus, the defendant bears liability for damages caused by non-performance of fraudulent liability or defects (total of KRW 90,606,205) by omission, and further, the defendant asserts that there was a claim for damages equivalent to KRW 5,335,000 of the repair cost due to the occurrence of water leakage in the building of this case, and that part of the claim for compensation is to be paid.

B. The above recognition of the duty of disclosure under the good faith principle, each of the above evidence, Gap evidence No. 11, and the video of Gap evidence No. 3, or

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