손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. If there is no dispute between the parties to the facts of recognition, or if the purport of the entire pleadings is added to the evidence Nos. 1 and 2, the fact that the Plaintiff purchased from the Defendant on November 10, 2012 the purchase price of not less than 188,000,000, Nam-gu C apartment 232 and 1504 from the Defendant at Port, Nam-gu, Posi-si, and then completed the registration of ownership transfer on November 28, 2012 can be acknowledged.
2. Plaintiff’s assertion and judgment
A. The Plaintiff asserted that around February 10, 2013, water leakages of the toilets in the above apartment complex led to water leakages in the toilets in the below floor, and paid KRW 2,050,000 as the repair cost. As such, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 4,050,000 (2,050,000 + 2,000,000,000) and damages for delay.
B. In a case where the subject matter of the judgment sale lacks the objective nature and performance that can be expected in light of the transaction norms, or where the party’s scheduled or guaranteed nature is a mother and child, the seller bears the warranty liability for the buyer due to the defect, and the existence of the defect should be determined at the time of establishment of the sales contract (see, e.g., Supreme Court Decision 98Da18506, Jan. 18, 200). Whether there was any defect as alleged by the Plaintiff in the above apartment at the time of conclusion of the sales contract is insufficient to recognize it only with health class, evidence No. 3-1, evidence No. 3-2, evidence No. 4, and evidence No. 5, and each image No. 3-6, No. 3, and evidence No. 5 are insufficient to acknowledge
Therefore, the plaintiff's assertion is without merit to further examine.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.