손해배상(기)
1. The Defendant’s KRW 16,069,578 as well as the Plaintiff’s annual rate from September 9, 2016 to February 28, 2017, and the following.
1. Basic facts
A. On June 7, 2016, the Plaintiff: (a) purchased each real estate listed in the separate sheet from the Defendant (hereinafter “each of the instant real estate”); (b) purchased each of the instant real estate listed in paragraph (1) of the separate sheet from “instant land”; and (c) purchased each of the said real estate from the Defendant on KRW 205,00,000; and (d) paid all the purchase price to the Defendant from around that time to July 7, 2016; and (c) received each of the said real estate from the Defendant on the same day.
B. The instant building is a building approved on June 28, 1989.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings
2. Determination as to the cause of action
A. 1) The establishment of liability for damages is based on the principle of equity, which is the guiding ideology of the Civil Act, in order to maintain a relationship between payment and consideration due to a contract for the purchase and sale (see, e.g., Supreme Court Decision 98Da18506, Jan. 18, 2000). The provisions pertaining to liability for warranty under the Civil Act are as follows: (a) where the object of the sale lacks the objective nature and performance expected in light of the transaction norms; or (b) where the parties lack the nature scheduled or guaranteed, the seller bears the liability for warranty due to the defect to the buyer; and (c) the existence or absence of the defect is based on the time of establishment of the contract for the sale (see, e.g., Supreme Court Decision 94Da23920, Jun. 30, 1995). The defect refers to any
Unless otherwise agreed by the parties, whether any defect exists shall be objectively determined.
Whether there is a defect or not is an object of all elements that would normally affect the exchange value or use value of an object, such as quality, function, performance, nature, internal history, internal and external records, and safety, which are expected to be ordinarily equipped with the kind of object.