손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money order for additional payment shall be revoked.
2...
1. Basic facts
A. The Plaintiff, C, and the Defendant, who are the representative of the above religious community, purchased various lots of land including D-671 square meters in Changwon-si, Changwon-si (hereinafter “instant land”) and E-gi-658 square meters, by constituting a religious community and contributing money. The F, the representative of the above religious community, completed the registration of ownership transfer on August 20, 204.
B. Members of the above religious community established on October 10, 2005 “G farming association” (hereinafter “instant association”) and the instant association completed the registration of ownership transfer on the instant land on March 18, 2008.
C. In around 2009, the instant land was newly built of 70.11 square meters of the block structure of 1,00 studs of the block structure of 100 studs of the instant land, and 100 studs of the block structure of 2, 100 studs of the block structure of 2, and 69.75 square meters of the single house of 2,00 studs of the instant land (hereinafter “instant housing”). The instant association completed the registration of initial ownership on December 29, 209.
On February 11, 2014, the Plaintiff completed the registration of transfer of ownership on the instant housing and the instant land based on the distribution of residual property due to the completion of liquidation as to the instant housing and the instant land, and C completed the registration of transfer of ownership based on the distribution of residual property as to the 1/2 share due to the completion of liquidation as to the 1/2 share of the block structure of 1, Dong 1, as indicated in the foregoing paragraph (c).
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 8, Eul evidence 1, 3, 4, 5, 12 (including additional numbers), the testimony of the first instance court witness C and the purport of the whole pleadings
2. Determination
A. A contract for work prescribed in Article 664 of the Civil Act as to whether a liability for damages has arisen becomes effective when one of the parties has agreed to complete a certain work and the other has agreed to pay remuneration for the result of such work.
On the ground that the Plaintiff concluded a contract for new construction of the instant house with the Defendant and the contractor, the Defendant sought liability for damages due to the defect of the object.