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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 1, 2017, the Plaintiff concluded a sales contract with both the Defendant and the Defendant, setting the sales amount as KRW 360,000 (hereinafter “instant sales contract”) by setting the sales amount as KRW 3.6 million under the brokerage of licensed real estate agents E, with respect to both the land C and D, and the fourth floor neighborhood living facilities and housing (hereinafter “instant building”).
B. On November 30, 2017, the Plaintiff paid the above purchase price to the Defendant, and then received the above building, and completed the registration of ownership transfer on the subject matter of the said sale.
C. On April 2018, water leakage occurred in the underground of the instant building.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 2, F's testimony and whole purport of pleading
2. The assertion and judgment
A. The gist of the parties’ assertion lies in the instant building that the said broker and the Defendant purchased the said building on the ground that there was no defect in the instant building; however, around April 2018, there was a defect in the instant building, which is the subject matter of sale, such as where water leakage is substantially generated. As such, the Defendant is asked for the seller’s warranty liability under Article 580 of the Civil Act to seek payment of the amount equivalent to KRW 2,55,00
In regard to this, the defendant argued that, before the plaintiff purchased the building of this case, the defects of the building were asked to the lessee, broker, etc. of the building of this case, and that there was no warranty against the defendant, since it was sufficiently confirmed whether or not the building of this case was defective by actively expressing the intention of purchase, etc., and the "sale in the present facility" was stipulated
B. According to the reasoning of the judgment, Gap evidence Nos. 2 and 6, and the testimony of the above witness, it is not indicated in the confirmation description of the object of the building of this case prepared at the time of the instant sales contract, and it is indicated in the column that the defect of the building of this case is not leakage. The number of buildings above is the number from July to August, 2017, which is the date of the conclusion of the said sales contract.