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(영문) 부산고등법원 2018.06.07 2017나55674
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant succeeding transferee shall set forth the annexed sheet 2 of the claim amount by plaintiff.

Reasons

1. Facts of recognition;

A. On February 10, 2012, the Defendant’s successor purchaser entered into a land trust agreement with the Korea Land Trust and the truster and beneficiary as the Defendant’s successor, and the trustee as the Korea Land Trust and the instant officetel’s land trust agreement with respect to the construction and sale of the instant officetel, etc. (2) The Plaintiffs are several buyers who entered into a sales contract with respect to some officetels, etc. (hereinafter “instant sales contract”).

3) The trust agreement between the Plaintiffs and the Korea Land Trust was terminated due to the sale of all the instant officetels, and as prescribed in the instant sales contract, all rights and obligations with respect to the buyers of the Korea Land Trust related to the instant sales contract were succeeded to the Defendant’s successor. (B) According to the appraisal by the appraiser of the first instance trial, which was made with samples of 711 and 1709 from among the instant officetels, etc., the electrical heating facilities were constructed in accordance with the construction permit drawings or completion drawings, and the construction contents were also consistent with the relevant drawings, general specifications, special design specifications, design specifications, equipment specifications, capacity calculations, etc., but the temperature of the electricity heating panel did not function properly as heating facilities, such as the temperature of the heater was sharply lowered at the time when the temperature of the floor is below the floor of the instant sales contract.

2 When such defects are repaired, expenses for converting electricity heating facilities to gas heating facilities are required for 3,515,270 won for each unit in cases of officetels, and 3,35,000 won for each unit in cases of officetels 201, 502, 902, and 1003 among urban residential housing, and 1,105,000 won for each unit in cases of heading 102 or 1403, and 301 or 1601.

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