The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

1. On October 30, 2018, the fact that the Plaintiff entered into a sales contract with the Defendant to purchase D Apartment E (hereinafter “instant apartment”) out of three lots of land owned by the Defendant (hereinafter “instant apartment”) (hereinafter “instant sales contract”) does not conflict between the parties.

2. Determination on the cause of the claim

A. At the time of the instant sales contract, the Plaintiff concluded the instant sales contract with the Defendant’s belief that there was no defects, such as water leakage, etc. in the instant apartment at the time of the instant sales contract. The Plaintiff paid the remainder under the instant sales contract to the Defendant, and then confirmed the status of the Plaintiff’s occupancy in the instant apartment and confirmed the status thereof. As such, there was

Therefore, the Plaintiff spent the defect repair construction cost of KRW 3,234,00 and KRW 3,50,000 for the removal of goods. Thus, the Defendant is a warranty liability under Article 580 of the Civil Act, and the Defendant is obligated to pay the Plaintiff the amount stated in the claim, as damages incurred by the Plaintiff’

B. In light of the judgment, the evidence alone presented by the Plaintiff is insufficient to acknowledge that there was a defect such as water leakage, etc. as alleged by the Plaintiff in the instant apartment at the time of concluding the instant sales contract, and there is no other evidence to acknowledge it.

Even if there were such leakages at the time of the conclusion of the instant sales contract, the seller's warranty liability is not recognized if the purchaser knew of or did not know of the defect due to negligence (proviso of Article 580 of the Civil Act), and according to each of the evidence Nos. 2 through 5, the confirmation description of the object of brokerage attached to the instant sales contract is recognized as having stated that the building was rupture and leakage due to the deterioration of the site of the instant apartment at the time of the instant sales contract. Thus, such leakages, etc. as alleged by the Plaintiff are included in the instant sales contract.