1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

1. Facts of recognition;

A. On June 14, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 217,500,000 (hereinafter “instant sales contract”) the Plaintiff purchased KRW 217,50,00,00 from the Dog-gu, Busan (hereinafter “instant real estate”). On the 26th of the same month, the Plaintiff completed the registration of ownership transfer for the instant real estate, and received the said real estate from the Defendant around that time.

B. The Plaintiff and the Defendant agreed, as the special terms and conditions of the instant sales contract, that the contract shall be concluded in the present condition and shall be repaired in the event of damage or leakage occurring in the present condition until the remainder (hereinafter “instant special terms and conditions”).

[Reasons for Recognition: Unsatisfy Facts, entry of Gap 1 and 2 evidence, purport of the whole pleadings]

2. The parties' assertion

A. On September 5, 2013, approximately two months after the Plaintiff received the instant real estate from the Defendant, the Plaintiff generated water leakages of pipes.

Accordingly, the Plaintiff spent 5,173,000 won in total on six occasions from September 13, 2013 to November 30, 2013, including the cost of water leakage detection and repair, flood control, tidal wave, remote areas, and tinboards, and the cost of moving the electric power sector and material for residents of the following floor, and paid 331,500 won of value-added tax in the course of the instant lawsuit.

On the other hand, 10,80,000 won is needed as repair cost to prevent leakage of the real estate in this case.

Therefore, the Defendant is obligated to compensate the Plaintiff for the total amount of KRW 15,904,500,000, which occurred due to the defect in the instant real property.

B. According to the instant special agreement of the Defendant, the Plaintiff incurred prior to the payment date of the remainder, etc., the Defendant imposed liability on the Plaintiff thereafter. On September 5, 2014, which is the remainder payment date of the Plaintiff’s real estate.