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(영문) 부산지방법원 2015.11.06 2014가단91118
손해배상
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. On March 22, 2014, the Plaintiff purchased the Plaintiff’s KRW 219,500,000 from the Defendant of Busan Jin-gu C apartment (hereinafter “instant apartment”) for the purchase price of KRW 1507,00 from the Defendant of Busan-gu, Busan-gu, Busan-si. The fact that “if there is any leakage within six months after the sale, the seller is responsible for the sale” is stated in the sales contract (Evidence A) of the instant apartment, and the fact that the water leakage occurred in the inside bank of the instant apartment on July 14, 2014 can be recognized by the following purport: (a) there is no dispute between the parties or by the entry of the evidence No. 1 and the entire pleadings.

2. Determination on the claim for damages caused by defects in the subject matter of sale

A. 1) The plaintiff's assertion 1) The plaintiff's assertion reached a warning that it was difficult for the plaintiff to live in the residential life due to water leakage occurring in the inside bank of the apartment of this case. Therefore, the apartment of this case was defective as the subject matter of sale, and the plaintiff suffered losses, such as the value decline of the apartment of this case and the cost of repair, and mental suffering due to such defects, and thus the defendant is obligated to pay 32,000,000 won to the plaintiff as compensation for damages caused by defects in the subject matter of sale. 2) The defendant requested the defendant to live in the apartment of this case, and the repair work was conducted. Since the repair of water was completed at the time of entering into the sales contract of this case, the repair of water was completed, and there was no further number at the time of entering into the sales contract of this case. Accordingly, the plaintiff, the purchaser of this case, was also aware of the possibility of leakage of the apartment of this case at the time of the sales contract of this case.

C. The apartment of this case is the 15th floor, the top floor, and the ground for water leakage in the Anacheon-gu is on the rooftop which is a common part.

As such, the waterproof Corporation against this part is the Intervenor joining the Defendant.

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