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(영문) 수원지방법원 안산지원 2018.12.05 2017가단67127
손해배상(기)
Text

1. The defendant's KRW 5,575,00 for each of the plaintiffs and its 5% per annum from December 5, 2017 to December 5, 2018.

Reasons

1. Facts of recognition;

A. On March 9, 2017, the Plaintiffs entered into a sales contract with the Defendant and the Defendant for multi-household 3 multi-family housing (hereinafter “instant real estate”) with the purchase price of KRW 850 million,00,000,000. The confirmation description of the object of brokerage attached to the sales contract is stated “the discharge of pumps from normal and underground floors” as “the discharge of pumps from normal and underground floors,” and the Plaintiffs completed the registration of ownership transfer as to each 1/2 share on June 12, 2017.

B. Since the conclusion of the above sales contract, the instant real estate had one pumps for the collection and alteration of the underground floor and the end of the first floor, respectively.

C. Around July 2017, as a result of the mastma, the water of the mathy was flowed, resulting in inundation E and F, an anti-basement.

[Reasons for Recognition] The descriptions and images of Gap evidence Nos. 1, 2, 5 through 11, and Eul evidence No. 1 (including additional numbers), the witness G testimony, and the purport of the whole pleadings

2. The assertion and judgment

A. When the Plaintiff alleged that the Defendant sold the instant real estate, the Plaintiff stated that “it was not possible to use the pumps existing in the underground floor, but only installed a drainage pump on the underground floor in form. However, the use of the pumps did not have once, and in the future, it would not be possible to use the underground drainage pumps unless there is a large amount of damage to the entire water.” However, the Plaintiff did not notify the fact that the Defendant installed the pumps up to the Ma and installed the pumps up to the Ma and operated the two pumps every time of a large amount of rain.

As a result, the plaintiffs failed to prepare for flooding, and eventually they were flooding, the defendant is obligated to pay 10,1150,000 won and 5 million won for each of them, each of which is half of 22,300,000 won paid to the plaintiffs in installing a flood E, F, internal repair of the above-mentioned E, and a house-prevention valve, etc.

(b) The transaction of real estate for which liability has arisen.

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