손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that the cause of the Plaintiff’s claim was the purchase from the Defendant of Sung-nam-si B apartment (hereinafter “instant apartment”) 302 Dong 1101, and the Defendant sold the said apartment.
However, at the time of the sale of the apartment in this case, the design drawing and the project approval drawing were to install the floor floor of the apartment in the above apartment, and to planting the 72 weeks of bamboo trees, 30 weeks of bamboo trees, 45 weeks of live tree, and 50 weeks of live tree, etc., but in fact, the floor was not installed, and the tree was not planted as above.
The plaintiff suffered loss due to such defect that caused the decline in the value of the apartment of this case, and the defendant is liable to compensate the plaintiff for the loss caused by the defect.
Accordingly, the defendant is obligated to pay to the plaintiff KRW 30 million and delay damages.
2. Determination of the seller’s default liability or warranty liability in the apartment sale contract is acknowledged in cases where an apartment sold in lots is held under a special agreement between the parties concerned or it does not have good quality or character in trade, such as housing construction standards under the Housing Act (see, e.g., Supreme Court Decision 2007Da9139, Apr. 29, 2010). Determination of defects should be made by comprehensively taking into account all the following circumstances, including the content of the contract between the parties concerned, whether the apartment is constructed as designed, and whether the apartment meets the standards
(1) The term “project approval drawings” means: (a) the term “project approval drawings” means the basic drawings submitted by a project proprietor to a person authorized to approve project plans for the purpose of obtaining approval of a housing construction project; and (b) the term “project approval drawings” means the basic drawings submitted by a project proprietor to a person authorized to approve project plans for the purpose of obtaining approval of a housing construction project; and (c) the term “project approval drawings” means the basic drawings submitted by a project proprietor and the number of buyers, barring any separate agreement