손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. The Defendant completed the registration of ownership transfer with respect to the instant apartment on December 21, 2012, when constructing the Jeju-si apartment building and selling the sixth floor 702 (hereinafter “instant apartment”) to the Plaintiff on November 21, 2012. The Plaintiff completed the registration of ownership transfer with respect to the instant apartment on December 21, 2012.
[Ground of recognition] Facts without dispute, Gap evidence 14-1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion that the apartment of this case contains defects in the non-construction or defective construction, and the defendant is liable for damages to the plaintiff as the seller of the apartment of this case.
3. Determination
A. 1) The existence of defects in the apartment sales contract in this case is determined by the appraiser C of the first instance trial based on the appraisal result in the following: (a) the seller’s default liability or warranty liability of the seller in the apartment sales contract in this case is acknowledged in the event that the apartment sold in lots is not equipped with normal quality or character in the transaction, such as housing construction standards under the Housing Act, etc.; and (b) whether the apartment is defective should be determined by comprehensively taking into account all the circumstances, including the content of the contract between the parties concerned; (c) whether the apartment is constructed according to the design plan; and (d) whether the apartment is in compliance with the criteria prescribed under the Housing Act and subordinate statutes (see, e.g., Supreme Court Decision 2012Da18762, Oct. 15
(1) On the other hand, the order shall be in the order of appraisal, and in the case of specifying in hereinafter, the appraisal items shall be specified by inserting the "basic" or "additional" in front of each sequence. The order of appraisal items shall be the 22 dwelling rooms in which the basic appraisal items are attached and the order of evacuation 1 shelter in the order of non-construction of the 23 dwelling rooms in the 24th floor and the order of non-construction of the 24th floor of the wall of the non-construction of the 24th floor of the wall and the 24th floor of the wall of the non-construction of the 1st floor of the 1st floor of the non-construction, the defect in the installation of the stairs section of the wall and the entrance section of the 24th floor of the