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(영문) 대구지방법원 2020.07.15 2019나322437
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following amount shall be revoked.

Reasons

1. Basic facts

A. On November 2, 2016, the Plaintiff purchased from the Defendants a total of KRW 3,850,000,000 from the Daegu Dong-gu, Daegu-gu, and each of the above land-based buildings (hereinafter “instant building”) (hereinafter “instant sale”). On February 10, 2017, the Plaintiff completed the registration of ownership transfer as to the instant real estate, following the payment of the purchase price in full.

B. Paragraph (1) of the instant sales contract provides that “When a serious defect occurs in a sales contract or building in the present facility (such as a reduction, crack, collapse, etc.), the seller shall be liable for the remainder six months after the remainder.”

C. A licensed real estate agent H prepared by the broker for the instant transaction and explained to the Plaintiff and the Defendants, and the delivery, that “the confirmation and explanatory note of the object of brokerage” is available on the wall of the fifth floor (F) of the instant building.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (if there are virtual numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff spent KRW 63,720,00 for the remuneration of the material defect in the instant building as indicated in the summary of the Plaintiff’s assertion (hereinafter “instant defect”).

Therefore, the defendants are liable to pay the above money and damages for delay to the plaintiff as damages due to warranty against defects or incomplete performance.

Detection of water-proof construction for use within the sectional unit / the finishing construction on 2017 (to be presumed that the five-story remuneration agreed upon at the first contract was poor) is found to have caused the number of husbands below the ground water flow when investigating the waterproof equipment team and the cause during the process of underground flooding, tar discovery of cracks and water leakage on the husband's floor, and the 6,700,000 underground water leakage repair work.

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