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1. As regards Defendant B’s KRW 47,00,000 and KRW 40,000 among them, Defendant B’s year from March 17, 2016 to November 4, 2016.
Reasons
1. Facts of recognition;
A. On March 17, 2016, the Plaintiff purchased the land and its ground (referring to the “instant real estate” as the 1st floor and the 2nd floor of the ground that was approved on August 1, 1978; the only building refers to the “instant building”; and the only building refers to the “instant building”; KRW 414 million (the contract amount of KRW 40 million shall be the contract date, the intermediate payment of KRW 160 million shall be paid on June 10, 2016, and the remainder of KRW 214 million shall be paid on July 12, 2016). The Plaintiff concluded a sales contract that includes the following special terms (hereinafter “instant contract”). The Defendant C is the broker of the Defendant, and the Plaintiff D is the broker of the Plaintiff.
B. The Plaintiff paid the Defendant B the down payment of KRW 40 million and the intermediate payment of KRW 160 million, and received the instant real estate on June 4, 2016 for the repair of the instant building (in-house remodeling).
C. However, the Plaintiff found rupture, etc. inside the instant building immediately after the delivery of the instant real estate and requested a safety inspection of the building, and found that there were defects such as heat inside and outside the instant building, water leakage, ground subsidence, steel corrosion, concrete stuff, etc. (hereinafter “instant defect”) and safety level D (the condition requiring determination and precise safety diagnosis as to whether rupture or alteration exceeded the permissible scope), and that the defect repair requires 38,411,215 won.
Accordingly, the Plaintiff demanded the Defendants to compensate for defects and losses on the ground that there were significant defects in the instant building, and deposited the remainder on the grounds that the Plaintiff did not pay the remainder. Defendant B cancelled the instant contract with the content certification from August 10, 2016, and deposited the intermediate payment of KRW 160 million on the ground that the Plaintiff did not pay the remainder.
(No. 445), e., this Court (No. 2016).
The Plaintiff expressed his intent to cancel the instant contract to Defendant B by serving a duplicate of the instant complaint.