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1. The Defendant: (a) KRW 10,541,085 for each of the Plaintiffs; and (b) 5% per annum from November 3, 2016 to June 8, 2017, respectively.
Reasons
1. Facts of recognition;
A. On April 23, 2016, the Plaintiffs concluded a contract with the Defendant to purchase KRW 4.95 billion for the purchase of the instant building (hereinafter referred to as the “instant contract”) with the Defendant of KRW 4.95 billion in price, among the above site and buildings, and six-story neighborhood living facilities and accommodation facilities (in addition to the above site and building; hereinafter referred to as “instant real estate”).
B. The Plaintiffs paid the price in full to the Defendant under the instant contract, and received the registration of ownership transfer from the Defendant for the instant real estate on May 10, 2016 and received the instant real estate transfer.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Occurrence of liability for damages;
A. If the subject matter of the relevant legal doctrine lacks objective nature and performance expected in light of the transaction norms, or the subject matter of the transaction lacks the nature scheduled or guaranteed by the parties, the seller bears the buyer’s liability to indemnify the buyer for the defect, and the existence of the defect is based on the time of establishment of the sales contract.
B. (See, e.g., Supreme Court Decision 98Da18506, Jan. 18, 2000).
In full view of the overall purport of the pleadings as a result of the appraisal of defects by Gap evidence Nos. 7-1 through 19 and appraiser E, the underground floor of the building of this case occurred such as the wall crack and water rupture, slot and leletletletlet, the number of the floors of the stairs room, the number of water leakages, the wall water leakages, the wall leakages, the slot bars bars, etc. around the machine room. In the case of the 1st floor of the building of this case, the water supply pipe located inside the ceiling of the river of this case was milch with the water leakage of the water supply pipe located inside the ceiling, and in the case of the stairs room of the 1st floor of this case, the 1st floor of this case was milch and part of the wall was contaminated with the wall of this case, and the excellent guest room of the building of this case was introduced into the balcony.