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1. The Defendant’s KRW 9,762,860 as well as the Plaintiff’s annual rate of KRW 5% from June 23, 2016 to March 24, 2017.
Reasons
1. On September 16, 2015, the Plaintiff: (a) purchased from the Defendant in Yangju-si the B large 530 square meters; (b) the 103.77 square meters of single-story housing of the instant land-based reinforced concrete roof 2; (c) 52.62 square meters of the 103.77 square meters of single-story housing of the instant land-based concrete roof 103.77 square meters (hereinafter “instant housing”); (d) 73/1,244 square meters of road C; (b) 1/16 of the 80 square meters of D road; (c) purchased all equity shares of KRW 418,00,000 (the price of the instant housing, including value-added tax, is KRW 209,000,000,000, including the price of the instant housing), and completed
【Ground of recognition】 The fact that there is no dispute, entry of Gap 1-1 and 5 (if there is an additional number, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. In the event that the subject matter of the warranty liability occurrence and the scope of the sale of the object of the warranty liability lacks objective nature and performance expected in light of the transaction norms, or the party lacks the nature scheduled or guaranteed, the seller bears the warranty liability for the buyer due to the defect, and the existence of the defect is based on the time of establishment of the sale contract.
In light of the results of the appraisal commission for appraiser E of this court, the house of this case can be acknowledged that there are such problems as stated in the attached Table "items". The above problems constitute defects that require the seller to bear the warranty liability under the Civil Act because the sale of the house of this case lacks objective nature and performance expected in light of transaction norms, or the sale of the house lacks the nature expected or guaranteed by the party. According to the above appraisal commission result, it can be acknowledged that the repair of the above defects requires 9,762,860 won in all.
Therefore, the defendant is the day following the date on which the copy of the complaint of this case was served on the defendant as requested by the plaintiff, as the damages claim amounting to KRW 9,762,860.