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1. The Defendant’s KRW 15,461,70 for the Plaintiff and 5% per annum from May 19, 2016 to January 24, 2018.
Reasons
1. On October 10, 2015, the Plaintiff purchased from the Defendant the building on the land and the first and the third underground floors on the ground (hereinafter “instant building”) for KRW 4,850,000,000,000 (hereinafter “instant sales contract”). At that time, the Defendant notified the Plaintiff that the building was rupture in front of the eightth floor management room, and that there was a small number of floors on the rooftop and the fourth floor.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings
2. Determination
A. 1) The establishment of liability for damages where the subject matter of the sale lacks the objective nature and performance that can be expected in light of the transaction norms, or where the parties lack the anticipated or guaranteed character, the seller bears the liability to indemnify the buyer for the defect, and the existence or absence of such defect must be determined at the time of establishment of the sales contract (see Supreme Court Decision 98Da18506, Jan. 18, 200). According to the results of the images and appraisal of the health class, the evidence Nos. 4 and 5 (including the serial number) of the building in this case, the building in this case resulted in a rupture, water leakage, floor height, and rupture due to ground subsidence (hereinafter “the defect in this case”).
() The fact that the construction of this case requires 51,539,000 won in total to repair the building of this case. The building of this case is a neighborhood living facility and business facility (Evidence A1), and the defect of this case constitutes a case where the building of this case lacks normal quality or condition, and it is reasonable to deem that the building of this case existed at the time of conclusion of the contract of this case in light of the contents of the defect, the occurrence level, the cause, and the time of conclusion of the contract of this case. (The defendant's assertion that the defect of this case was not ordinarily generated from the deteriorated building is without merit.)
(b).