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. The plaintiff's assertion
A. On March 14, 2016, the Plaintiff purchased from the Defendant, the fourth floor D (hereinafter “instant housing”) of the Jeonnam-gun, Chungcheongnam-gun, and completed the registration of ownership transfer on March 16, 2016.
B. Since there was a defect in the instant house and the Plaintiff knew of the fact around December 2018, the Defendant is obligated to pay as damages the total sum of KRW 800,000 for water leakage detection costs, KRW 3,400,000 for repair costs, and KRW 7,200,000 for consolation money as a warranty against the object of sale.
2. According to the evidence evidence Nos. 1 and 3 of the board board Nos. 1 and 3, it is recognized that the Plaintiff prepared a confirmation letter stating that “F residing under E, the lower floor of the instant house, had been enjoyed in the instant house before moving into the instant house, had been requested to the Defendant for repairs, had been carried out by no repair without failure, and had the buyer be notified of the buyer at the time of sale and purchase.” The G, which conducted a water leakage detection, is the fact that the Plaintiff prepared a water leakage statement with the content that “the rainwater was cut out from the outer wall joint container spick, with rain inside the bathing room, and the rainwater was cut out with a long-term ceiling and wall.”
However, in order for the plaintiff to ask the defendant to warranty against defects, it should be recognized that the plaintiff had a defect in water leakage in the house of this case as of March 16, 2016, which occurred at the time when the ownership of the house of this case was transferred. In addition, the following circumstances acknowledged as a whole, namely, ① the house of this case may be deteriorated as of April 30, 201 after the lapse of time as the building that was registered for preservation of ownership was registered for the house of this case, ② the defect that the plaintiff claimed in this respect is the defect in the house of this case, and ③ the plaintiff's defect is difficult to view as the defect in the house of this case.