A. The Plaintiff is the occupant of the 12-story G building on the 4th underground floor located in F in the eternic City (hereinafter “instant building”).

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

Defendant D Co., Ltd. (hereinafter referred to as “Defendant D”) is a company that guarantees the duty of repairing defects in the building of this case, and Defendant E Co., Ltd. (hereinafter “Defendant E”).

C. On November 3, 2015, Defendant C concluded a sales contract with the Plaintiff for the instant building H (hereinafter “instant sales contract”). D.

The instant building was completed on May 1, 2017 and approved for use on May 1, 2017, and the Plaintiff occupied the instant building on or around June 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 7, 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 alleged by the Plaintiff, 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 damages in lieu of the defect repair to the Plaintiff, and Defendant B, Defendant C, and Defendant D are liable to pay compensation for delay as stipulated in the instant sales contract.

3. Determination

A. In full view of the purport of the entire pleadings as to the claim against the Defendant C, Article 23(5) of the instant sales contract provides that “The time when the ownership transfer of the subject matter of sale is completed to the buyer, and the time when the trust contract is terminated, the seller’s status and all the rights and obligations to be borne by the Defendant C are modified, etc.