1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On March 13, 2017, the Plaintiff purchased, from the Defendant, the amount of KRW 229 million, the amount of KRW 608,000,000 from Ulsan-gun, Ulsan-gun, Seoul-gun, 101, and KRW 608 (hereinafter “instant apartment”). Around that time, the Plaintiff paid the said purchase amount to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's cause of the plaintiff's claim accepted the apartment of this case as a whole, and the toilets had no defects after repairing the bath part, and actively recommended the conclusion of the sales contract to purchase the above apartment building with the trust of the defendant, and purchased the above apartment. There are serious defects in the above apartment due to water leakage in the part of the wall on the elevator side of the bedroom, the entrance door, the door frame, and the bathing room.

Since the above defect lacks objective performance expected in light of the transaction norms, the plaintiff cannot achieve the purpose of the sales contract. Thus, the above defect is cancelled through the complaint of this case.

In addition, the defendant deceivings the plaintiff as if there was no defect caused by water leakage of the above apartment, so the plaintiff is revoked through the complaint of this case.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 229 million for restitution or unjust enrichment, as compensation for damages for the amount equivalent to the rent for the period during which the Plaintiff was unable to reside in the said apartment due to the defect, such as restitution or unjust enrichment, KRW 5 million in total,34 million.

3. The judgment on the cause of the claim is not sufficient to acknowledge that there is a defect due to leakage in the part of the wall of the elevator bed part of the elevator bed part, the entrance door and door frame, and the bathing room in the instant apartment bed part, and there is no other evidence to prove otherwise.

Rather, this Court's request for appraisal D and fact inquiry of appraiser D and the whole pleadings are made.