손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 24, 2015, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with respect to the purchase price of KRW 235 million on the instant land, namely, C, 443 square meters, D large-scale 253 square meters (hereinafter “instant land”) and the general wood structure on the ground, and other one-story single-story single-story single-story single-story housing (hereinafter “instant housing”) with respect to the sales price of KRW 101.22 square meters on the ground.
B. On June 9, 2015, the Plaintiff completed the registration of ownership transfer based on the instant sales contract with respect to the instant land and housing, and received the instant land and housing at that time.
C. However, since January 2, 2017, part of the retaining wall constructed on the slope of the instant land was collapsed, soil was leaked, and part of the instant housing site was collapsed.
On February 17, 2015, the Defendant obtained a building permit for the instant house, and obtained the approval for use on May 14, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4, each of Gap evidence 3, each of Gap evidence 3, the entrustment of appraisal to appraiser E and fact-finding results, the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion 1) Attached Table 4 of the Enforcement Decree of the Framework Act on the Construction Industry provides that the warranty period of defect shall be two years in the case of site rearrangement, earth and sand construction, stone construction, and stone construction, and retaining wall installation works shall also be two years in the warranty period. However, since the Defendant collapses the retaining wall before two years elapse from the date of completion of retaining wall installation works on the instant land, it shall be deemed that there is a defect in the object of the instant sales contract. Accordingly, the Defendant is obliged to pay to the Plaintiff expenses incurred in restoring the instant land due to damages due to incomplete performance of the instant sales contract or warranty liability.
B. The summary of the Defendant’s assertion is that of the instant sales contract.