1. The Defendant’s KRW 22,539,698 with respect to the Plaintiff and KRW 5% per annum from August 7, 2018 to February 19, 2020.

1. The Defendant entered into a sales contract with the Plaintiff on April 13, 2016 to sell one unit of housing (hereinafter “instant housing”) within the Gyeonggi-si Complex to KRW 150,960,000 (hereinafter “instant contract”).

The plaintiff paid the sales price to the defendant under the contract of this case, and the defendant completed the house of this case and delivered it to the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, purport of the whole pleadings

2. The plaintiff alleged that the defendant not only constructed the housing of this case using materials different from those stipulated in the contract of this case, but also did not perform some construction work. The defendant did not implement the contract of this case, despite the agreement that the low price of urban gas at the level of urban gas at the time of the contract of this case would allow LPG to be supplied.

The defendant is obligated to pay to the plaintiff the sum total of KRW 69,251,140 in the "cost for repairing the plaintiff's alleged defects" in the table of Paragraph 3 (a) below and the delay damages therefor.

3. Determination

(a) The term "defect in a building that recognizes a defect" means a structure or function defect different from that prescribed in the contract for a construction project, or a building, the generally completed structure or function of which is not properly equipped with quality ordinarily in light of its transaction concept;

(see, e.g., Supreme Court Decision 2008Da16851, Dec. 9, 2010). In cases where defects are not important and excessive expenses are required for repair, the contractor may not claim damages in lieu of the defect repair or damages arising from the defect, and may only claim damages arising from the defect.

(See Supreme Court Decision 96Da45436 delivered on February 25, 1997, etc.). Meanwhile, an appraiser’s appraisal result shall be respected unless there exist significant errors, such as the method of appraisal, etc. is contrary to the empirical rule or unreasonable.