Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

A. Determination of the cost of repairing defects due to water leakages 1 through 3, 14, 17, 19, 21, 26, 29, and 30 (including each number), and the overall purport of the pleading and video, as a whole, the Plaintiff’s statement and video are as follows: ① On October 23, 2016, the Plaintiff is a building of the Defendant and the Gangseo-si C, and No. D (hereinafter “instant housing”).

(3) It is recognized that the Defendant, as a seller, is liable to pay to the Plaintiff the defect repair cost of KRW 8,846,00,000 for the repair cost of KRW 8,846,00,00 for the repair cost of water leakage (= KRW 8,46,00 for the waterproof construction cost of KRW 8,46,00). Accordingly, the Defendant is liable to pay the Plaintiff the defect repair cost of KRW 8,846,00 for the water leakage cost of the instant house, KRW 380,00 for the repair cost of water leakage cost of KRW 8,846,00 for the repair cost of the instant house, KRW 380,00 for the repair cost of water leakage of the instant house, and delay damages therefrom.

B. 1) The Plaintiff asserted that the Defendant was suffering from mental pain due to the leakage of the instant house and claimed consolation money. Thus, in case where the property right was infringed due to other person’s tort, it shall be deemed that the mental suffering is recovered from the compensation for property damage. Thus, in case where there was an irrecoverable mental damage due to property damage due to a special circumstance, it may claim consolation money for the damage only if the perpetrator knew or could have known such circumstance (see, e.g., Supreme Court en banc Decision 2001Da82507, Mar. 18, 2004). In light of such legal principles, the Plaintiff’s peaceful residential environment was damaged due to the leakage of the instant house and the water leakage of the instant house, and the water leakage occurred after July 2017.