1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Defendant is a company that constructed and sold “D” (hereinafter “instant building”) which is a five-story multi-family housing located in Gwanak-gu in Seoul Special Metropolitan City.

The instant building was completed on June 18, 2015, and the Defendant completed registration of initial ownership on June 25, 2015.

B. From the Defendant, Plaintiff A purchased KRW 401,238,000 among the instant building; Plaintiff B purchased KRW 402,235,000 among the instant building; and Plaintiff B completed the registration of ownership transfer with respect to the head office purchased on October 20, 2015, and Plaintiff B on November 17, 2015.

C. Of the instant building, Nos. 401 and 402, immediately after the Plaintiffs moved into the boiler from November 2015, the noise level on the floor level was generated to the point of 2-3 seconds on the floor level when the boiler was operated.

On January 2016, the Plaintiffs resisted the Defendant Company, and the Defendant issued to the Plaintiff a certificate of performance of defect repair performance to the effect that the noise of 401 of the instant building among the instant building was promised to repair the defects of the construction of the floor when the noise does not come up until the end of March 2016 in relation to the floor noise.

[Ground of recognition] A without dispute, entry of evidence Nos. 1 through 3, A or 1, and 2, verification of evidence Nos. 8 (USB recording file) by the court of first instance, appraisal of the defects of appraiser E by the court of first instance, the result of this court’s entrustment of appraisal and supplementation by appraiser E by the court of first instance, the fact inquiry of appraiser E by the court of first instance, the purport of the whole pleadings as a whole.

2. The parties' assertion

A. Among the instant buildings sold by the Defendant to the Plaintiffs, there is a defect in the noise from the operation of boiler with respect to each boiler set forth in subparagraphs 401 and 402. As such, the Defendant is liable to compensate the Plaintiffs for the damages caused by the defect liability, as indicated in the table, for the defect repair cost of boiler reconstruction, for the repair cost of the boiler reconstruction, for the repair of the defect during the defect repair period.