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(영문) 대구지방법원 2020.11.20 2019가단118514
손해배상(기)
Text

1. The Defendant’s KRW 21,96,00 for the Plaintiff and KRW 5% per annum from May 18, 2019 to November 20, 2020 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 6, 2018, the Plaintiff entered into a real estate sales contract with the Defendant with respect to the Daegu Dong-gu C site and its fourth-story multi-household housing (hereinafter “instant building”) owned by the Defendant for the purchase price of KRW 650 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer on the ground of sale on May 29, 2018, after full payment of the purchase price to the Defendant.

B. After that, there was a complaint that water leakages occurred in the ceiling of the first floor parking lot of the instant building, the entrance entrance entrance door floor, etc., and that noise between floors is too serious among tenants.

C. Meanwhile, on October 17, 2016, the instant building obtained approval for use on or around October 17, 2016, and registration of ownership preservation was made in the name of the Defendant on the 26th of the same month

[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 1 through 5 (including branch numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion has defects in ① water leakage defects in the entrance entrance floor and wall, ② noise prevention materials in each floor, ③ construction of compressed light strings (class A) under construction on each floor, ③ construction of a short heat change construction constructed on the outer wall of the building (construction of the string system, but the construction of general string system, construction of the interior string system, THK 30 strings with the inner string system, ④ construction of the string system constructed on the top floor or the roof of the building, ⑤ lack of objective performance expected in terms of trade norms, such as the defect of the short heat constructed on the lower floor of the building, ⑤ lack of objective performance.

Therefore, as the warranty liability of the seller under Article 580 of the Civil Code, the defendant is obligated to pay damages of KRW 73,480,000 and damages for delay.

In addition, Paragraph 4 of the special contract of this case provides that "the period of repairing defects shall be one year," and the defect of this case shall also be repaired by the defendant in accordance with the special contract of this case.

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