A. The Plaintiffs (Appointeds), the Plaintiffs, and the designated parties (hereinafter “Plaintiffs, etc.”) are the occupants of the 12th floor above the 4th floor underground located N in the Gyeongsung City (hereinafter “instant building”).

B. Defendant D Co., Ltd. (hereinafter “Defendant D”) is the truster who entrusted the construction and sale of the instant building to Defendant E Co., Ltd. (hereinafter “Defendant E”), and Defendant E is the executory and trustee of the said new construction and sale business.

Defendant F Co., Ltd. (hereinafter “Defendant F”) is a company that guarantees the duty of repair of defects in the building of this case, and Defendant G Co., Ltd. (hereinafter “Defendant G”).

C. Between October 2015 and May 2016, Defendant E concluded a sales contract with the Plaintiff, etc. for each of the units of the instant building (hereinafter “instant sales contract”). D.

On May 1, 2017, the instant building was completed and approved for use on May 1, 2017, and the Plaintiff, etc. occupied the building at the beginning of June 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 8 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. There is a defect in the section for exclusive use and the section for common use of the building in question asserted by the plaintiff et al., which is different from the drawing, and there was a defect in the number of personnel planted on the rooftop of the section for common use.

In addition, the completion of the instant building is delayed, and the scheduled date of occupancy at the time of the instant sales contract has not been observed.

Therefore, the Defendants are liable to pay the Plaintiff, etc. damages in lieu of the defect repair, and Defendant D, Defendant E, and Defendant F are liable to pay the liquidated damages as stipulated in the instant sales contract.

3. Determination

A. In full view of the purport of the entire pleadings as to the claims filed against Defendant E, Article 23(5) of the instant sales contract provides that “The purchaser shall have the object to be sold in lots.”