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(영문) 의정부지방법원 2018.02.07 2016가단130400
손해배상(기)
Text

1. The Defendant: (a) KRW 7,180,922 for each of the Plaintiffs, as well as KRW 5% per annum from March 10, 2017 to February 7, 2018; and (b).

Reasons

1. Determination as to the cause of claim

A. The Plaintiffs recognized that the date of sale indicated in the grounds for registration on September 5, 2012 is recognized as the date of entering into a contract.

A sales contract was concluded between the Defendant and the Dobcheon-si with the content that the Defendant purchases at KRW 570,000,000, one unit of the general wood structure, 570 square meters and 570,000,000, and 570,000, and the Plaintiffs paid KRW 560,000,000 out of the purchase price, and completed the registration of ownership transfer on the above land and housing on October 16, 2012.

(hereinafter the above land, “the instant land,” and “the instant housing,” respectively. The instant housing has each of the defects as indicated below in the column of “defect” as indicated below, and the repair of the said defects requires each of the amounts indicated below in the column of “the repair cost” as indicated below.

The amount of the repair work for the defect item of 1 leakage (the second floor toilet and the outer wall of the 1st floor) 94,875 won 2 roof 14,975 won in shortage of 14,951,974 won in the performance of 3 wall 14,970,258 won in shortage of 7,370,258 won in the performance of 4 equal, 683 won in each floor (the wall, ceiling), 392,683 won in each floor (the wall, ceiling), 396,00 won in total of 256,054 won in 6 earth and sand, and 24,361,844 won in total [the grounds for recognition] of the lack of dispute, Gap evidence 1, 2-12 of evidence 2, the result of appraisal of appraiser E, the purport of the entire pleadings as a result of the appraisal of defects, and the purport

B. According to the above facts, the defendant is liable to pay the plaintiffs the defect repair cost of KRW 12,180,922 (i.e., 24,361,84 won ± 2) and damages for delay corresponding to the defect repair cost as liability for the defendant's default, and the plaintiff offsets the defendant's remaining purchase price claim (10,000,000 won) that the plaintiff is the plaintiff with the defect repair payment claim against the defendant's remaining purchase price claim (10,000 won). On October 16, 2012, the plaintiff completed the registration of the transfer of ownership on the land and housing of this case, both claims reached the due date and reached the due date, and a duplicate of the application for change of the purport of the above offset and the grounds for

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