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(영문) 대전지방법원 2018.10.05 2017나6205
수리비
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Basic facts

A. On April 6, 2016, through the Defendant’s brokerage, a licensed real estate agent, concluded a sales contract with the content that he/she purchases (hereinafter “instant sales contract”) 102 Dong-gu, Daejeon-dong, and 505 (hereinafter “instant building”) from E for KRW 238 million,00,000,000 from E (hereinafter “instant sales contract”), and paid the sales amount to E by June 30, 2016, the Plaintiff moved into the instant building on the same day.

B. On July 8, 2016, the Plaintiff: (a) entrusted a water leakage detection work, finishing work, and benda project for the instant building to a water leakage business entity; (b) completed construction; and (c) disbursed KRW 2,440,00 as construction cost to a water leakage business entity (hereinafter “instant repair cost”).

[Ground of recognition] Each entry of Gap evidence Nos. 1 and 2 (including paper numbers, hereinafter the same shall apply) and the purport of the whole pleading

2. Determination as to the cause of action

A. At the time of entering into the instant sales contract, the Defendant: (a) prepared a description of confirmation of the object of brokerage that the Plaintiff did not have any defect or leakage in the instant building; and (b) promised to assume liability as a licensed real estate agent if any defect or leakage occurs.

On July 5, 2016, five days after the date of moving into the instant building, the Plaintiff confirmed that the toilets, embankments, and wards of the instant building were reduced, and requested a water leakage business entity to find out the fact that water leakage occurred from the entire floor. The Plaintiff entrusted construction to a water leakage business entity, and paid the instant repair cost.

The Defendant, as a licensed real estate agent, had the duty to verify whether the building of this case was defective at the time of mediating the sales contract of this case, and then, had the duty to explain it to the Plaintiff, the buyer, and provided false information to the Plaintiff, thereby mediating the sales contract of this case, the Defendant is liable to pay the repair cost of this case

B. Determination A.

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