A. On May 26, 2017, Defendant B sold to the Plaintiff the purchase price of KRW 460,000,000 for general timber structure sloped roof 86.817m2, 66.75m2, 102m2, 102m2, 102m2, 102m2, 102m2, 102m2, 100,000 for each floor (hereinafter referred to as the “building”).

B. Defendant B completed the construction of the instant building under contract to Defendant C Co., Ltd. (hereinafter “Defendant C”), and obtained approval for use on December 7, 2017. The Plaintiff completed the registration of ownership preservation on the instant building on December 13, 2017.

C. In the instant building, several defects such as water leakages in underground floors occurred, and the defect repair cost of KRW 29,745,000 in total is required (the defect of KRW 7,716,00 due to the pre-construction or the modified construction and the defect of KRW 22,029,00). [Evidence: Evidence: evidence Nos. 1 through 4 (including paper numbers), No. 2, No. 3, and No. 4, the result of the entrustment of appraisal to appraiser H, and the whole purport of the pleadings)

2. Determination

A. According to the above facts, Defendant B sold to the Plaintiff the instant building constructed on the land and the ground of the instant building. Since there were such defects in the building, Article 580 of the Civil Act Article 580 (Liability of Seller for Warranty) (1) of the Civil Act shall apply mutatis mutandis to cases where the buyer knew of, or was negligent in, any defect in the subject matter of sale, the provisions of Article 575 (1). However, this provision shall not apply to cases where the buyer knew of, or was unaware of, the defect. Article 575 of the Civil Act (Article 575) (Article 575) of the Civil Act (Article 575 of the Civil Act).

(2) in any other case.