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1. The Defendant’s KRW 32,703,00 to the Plaintiffs, as well as 5% per annum from July 26, 2017 to January 25, 2019.
Reasons
1. Basic facts
A. On July 9, 2015, the Plaintiffs are married couple, and completed the registration of transfer of ownership with 1/2 shares on August 10, 2015, each of the following dates: (a) jointly purchasing a neighborhood living facility (hereinafter “instant building”) with a size of KRW 1,050,000,000 for the price of KRW 1,000,000,000,000,000 won on the ground, and (b) completing the registration of transfer of ownership with a stake of KRW 1/2.
B. At the time of the conclusion of the instant sales contract, the Busan Traffic Corporation was implemented, and the “F Corporation” performed by E Co., Ltd. (hereinafter “E”) was in the vicinity, and thus, there was a possibility of crack and water leakage in the instant building due to the influence of the construction site excavation process, etc.
C. The Defendant concluded the instant sales contract from E, the contractor of the said subway Corporation, with the promise to receive repair works for the leakage and equal heat of the instant building due to the later subway Corporation, and based on these circumstances, entered the following as the special terms and conditions of the said sales contract.
[Matters of Special Agreement]
1. Sales contract in the current status of the facility, and verification of the certificate of registered matters, and conclusion of the contract;
4. The entire number of defects of the building is that the seller takes the responsibility of the seller for the repair work from subway construction companies (E). 5. If the defect repair from the construction company is incomplete, the seller is responsible for and the defect repair will be harmed.
(1) The Defendant received a letter of commitment from E to the payment of the remainder of the purchase price of this case, and delivered it to the Plaintiffs.
(2) Based on the above letter of undertaking, the Plaintiffs demanded repair works for water leakage and equal-heat repair arising from the instant building; accordingly, E partially performed repair works; however, the Plaintiffs failed to obtain satisfactory results.
E. As of the closing date of the instant argument, the building of this case is as follows.