1. The Defendant: (a) KRW 20790,000 and the Plaintiff’s annual rate from February 12, 2014 to November 20, 2014.

1. On May 12, 2013, the Plaintiff purchased a house on the ground of Kimcheon-si C from the Defendant for KRW 120 million. On May 12, 2013, the fact that the Plaintiff completed the registration of ownership transfer after full payment of the purchase price on the 31st of the same month is no dispute between the

(2) The grounds of appeal by the parties are examined as follows: (a) the sales contract between the Plaintiff and the Defendant for the said house; and (b) the sales contract between the Defendant for the said house

A. The Plaintiff’s assertion asserts that, after the conclusion of the instant sales contract, the Plaintiff caused a string phenomenon in the instant house, thereby creating a creative frame, and that there was a defect to the extent that it was impossible to lead a life, such as mycotof in the entire house.

Based on this, the Plaintiff primarily cancels or cancels the sales contract of this case (Article 580 of the Civil Act) (Article 109 of the Civil Act). The Plaintiff sought refund of the amount of KRW 120 million in purchase price and KRW 4.6 million in the Plaintiff’s unjust enrichment by replacing the external fence, and compensation for mental damage suffered by the Plaintiff, as well as compensation for damages equivalent to the cost of repairing defects and consolation money.

B. As to the defendant's counterargument, the defendant asserts that the defect of the plaintiff's assertion occurred due to negligence in housing management, and it is difficult to regard it as a defect for the establishment of the warranty liability as a matter of general concern in the detached house. Even if there was a defect in the house of this case, the plaintiff knew or could have known it at the time of the sales contract of this case, so that the defendant cannot be held liable for warranty against

3. Determination

A. "Defect" as an element for warranty liability under Article 580 of the Civil Code, which is a defect, means that the object of the sale lacks objective nature and performance which can be expected in light of the transaction norms, or lacks the nature of either party's expectation or guarantee. In this case, the seller bears the warranty liability for the buyer due to the defect, and the existence of such defect is the existence or absence.