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(영문) 서울남부지방법원 2018.09.14 2017가단21699
하자보수비피해보상청구
Text

1. The Defendant paid KRW 5,866,00 to the Plaintiff KRW 5% per annum from September 27, 2017 to September 14, 2018.

Reasons

1. Basic facts

A. On December 17, 2010, the Defendant commenced a new construction project as the owner of Guro-gu Seoul Metropolitan Government CBD 2, and obtained approval for use on August 12, 201. On December 27, 2012, the Defendant sold the said CBD 602 (hereinafter “instant CBD”).

B. On July 6, 2013, the Plaintiff purchased the instant loan from D and completed the procedure for the registration of ownership transfer on September 4, 2013.

C. On October 13, 2013, the Plaintiff performed a rooftop waterproof construction work of the instant Ba, when there was a defect, such as rooftop water, in the instant Ba.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 6, Eul evidence Nos. 1 through 4 (including each number, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s water leakage occurred in the living room, etc. due to the defect in waterproof of the rooftop floor of this case. Accordingly, the issue of myco and malodor occurred and the Plaintiff performed the rooftop waterproof construction work. Pursuant to Article 9(1) of the Act on the Ownership and Management of Aggregate Buildings and Article 667(2) of the Civil Act, the Defendant, the owner of the building of this case, is obligated to compensate the Plaintiff for the damages incurred from the defect. The amount of damages is KRW 7 million for the rooftop waterproof construction work performed by the Plaintiff, and the Seoul Southern District Court 2013Da6663 decided 20,330,000,000,000 won for appraisal expenses incurred by the Plaintiff against the seller D, and KRW 88,50,000,000,000,000 won for directors’ brokerage fees, and KRW 6.5,20,000,000,000,000,000 won for the instant aggregate building.

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