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(영문) 서울북부지방법원 2020.12.16 2020나32112
손해배상(기)
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 17, 2018, between D and D on behalf of the Defendant, the Plaintiffs entered into a contract with Seongbuk-gu Seoul Metropolitan Government E land and multi-family houses (hereinafter “instant house”) owned by the Defendant for purchasing KRW 439,00,000 in the purchase price (hereinafter “instant sales contract”), and the main contents are as follows.

43,900,00 won for down payment, intermediate payment 45,100,000 won for a contract, and the remainder 230,000,000 won for October 17, 2018, respectively, shall be paid on November 16, 2018, and at present 120,000,000 won for the lease deposit for the instant housing shall be succeeded by the buyer.

1. The current contract is a trade contract under the current facility, the certificate for registration, and the contract is entered into;

7. Subject to the condition that the buyer reduces the sale amount of KRW 440,000,000 from KRW 1,000,000, the buyer shall not be held liable for any defects, such as the number of parcels, to the seller.

B. On October 2018, the Plaintiffs discovered the leakage number, etc. of the instant house in the Police Officers, and conducted a defect inspection on October 16, 2018 in the presence of the Defendant’s staff members.

As a result, it was found that there were defects, such as water leakage and boiler failure on the roof of the rooftop, water leakages from the wall surface, toilets, boiler, etc., to the third floor of the floor of the rooftop, and the aggregate of the expected repair cost was calculated as KRW 15,495,00 (value-added tax separate).

C. On October 17, 2018, the date of the intermediate payment, Plaintiff A paid the intermediate payment to the Defendant, and then demanded repair of the said defects based on the seller’s warranty liability under the Civil Act.

On October 22, 2018, the Defendant rejected Plaintiff A’s request on the grounds of the terms and conditions of the instant sales contract.

After receiving the instant housing, the Plaintiffs totaled KRW 22,450,000 = 22,60,000 = roof cumulative water and roof boiler repair expenses of KRW 2,600,000 for the stop heat of walls and windows trusses, and KRW 13,50,000 for the 3rd floor toilet lives replacement, etc.

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