(영문) 대구지방법원김천지원 2016.02.17 2015가단30059



1. The Defendants jointly share KRW 7,687,148 to the Plaintiffs, as well as their annual interest from January 23, 2015 to February 17, 2016.


1. Basic facts

A. On May 15, 2014, the Plaintiffs entered into a contract with the Defendants to sell the buildings of the F.S. F. 785.7 square meters in the Gumi-si, 785.7 square meters on the above ground, the general steel structure, and other land-building structures, and the three-story roof of the gllllies (hereinafter “instant land and buildings”) in the purchase price of KRW 2 billion.04 billion.

(hereinafter “instant sales contract”). B.

Paragraph 6 of the special contract of this case provides that "the seller shall handle all defects related to the building before the remainder date and treat the defects (e.g., leakage, track, etc.) that occur within six months in the future and the seller shall also bear the expenses."

C. On July 10, 2014, the Plaintiffs paid the remainder under the instant sales contract to the Defendants, and received the instant land and buildings, and completed the registration of ownership transfer.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. In the event that the subject matter of the judgment lacks objective nature and performance that can be expected in light of the transaction norms, or the subject matter of the judgment lacks the nature scheduled or guaranteed by the parties, the seller bears the warranty liability for the buyer due to the defect, and the existence of such defect must be determined at the time of establishment of the sale contract

In full view of the statements or images of evidence Nos. 4 through 24, the result of the appraisal commission to appraiser G of this court, and the purport of the entire pleadings as a result of the request for supplementation of appraisal, the occurrence of water leakage in the back part of the building of this case was occurred at the time of the sales contract of this case, and the occurrence of melting and whiteization was occurred on the part of the back part of the building of this case for a considerable period of time due to water leakage, the removal of old concrete was installed on the ecplate upper part of the ecplate, and the removal of accumulated concrete on that part was completed after the lapse of time. As such, the repair cost for such defects is the cost of repair construction.