손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim extended in the trial is dismissed.
3. Claim for costs of appeal.
1. Basic facts
A. The Plaintiff’s mother F purchased, on behalf of the Plaintiff, KRW 820,00,00 on behalf of the Plaintiff, KRW 40,000,00 for contract deposit, KRW 70,00 for intermediate payment on September 16, 2010, KRW 70,000 for intermediate payment, KRW 70,000,00 for intermediate payment on September 16, 201, and KRW 70,000 for the remainder payment on June 10, 200 for the remainder payment of KRW 70,000 for each of the following items: (a) the Plaintiff entered into a multi-family house in the attached list constructed by Defendant C (hereinafter collectively referred to as “instant real estate”); and (b) the ownership preservation registration was completed in the name of Defendant B on April 13, 2010 for the instant house; and (c) the Plaintiff shall pay the remainder to Defendant B on June 10, 2010; and (d) the remainder payment of KRW 700,0000.
B. Around July 28, 2010, F entered into a principal contract with Defendant B (hereinafter “instant sales contract”) on behalf of the Plaintiff, and paid the remainder down payment of KRW 27,500,000 (=40,000,000 - KRW 12,50,000) to Defendant B.
C. Around September 16, 2010, the Plaintiff paid the intermediate payment of KRW 70,000,000 to Defendant B, and around October 6, 2010, the Plaintiff paid KRW 341,000,000 calculated by subtracting the total deposit amount of the lessees of the instant housing from the total deposit amount of KRW 710,000,000, and KRW 300,000,000,000 for the secured debt amount of the right to collateral security established on the instant housing.
The Plaintiff and Defendant B, around October 6, 2010, entered into a sales contract with the date of the contract as of August 30, 2010 with respect to the instant sales contract, which is the remaining payment date, and the Plaintiff completed the registration of ownership transfer on October 7, 2010 with respect to the instant real estate as of August 30, 2010.
E. Around October 15, 2010, Defendant B signed with the Plaintiff that if there is any defect in the instant housing for two years from the date of registration of ownership preservation, the defect will be promised to be repaired at the time of repair.