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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On March 17, 2017, the Plaintiff entered into a sales contract with the Defendant for the purchase of Osan-si C apartment D (hereinafter “instant apartment”) with the Defendant for KRW 97 million (hereinafter “instant contract”).
B. At the time of the instant contract, the Plaintiff directly visited the apartment of this case to verify its condition, and signed a written confirmation of the object of brokerage, and the said written confirmation states that the heat and water leakage are “free” on the wall.
C. Meanwhile, at the time of the instant contract, the relocating lessee of the instant apartment had already been removed, and the said apartment was abandoned without the user.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 4, and 5, the purport of the whole pleading
2. The plaintiff's main purport of the claim lies in the apartment of this case sold by the defendant to the plaintiff, and the defendant, as the seller's warranty liability, should pay to the plaintiff 4.75 million won, which is the amount equivalent to the repair cost of the 4.75 million won, plus the above repair cost estimate cost of the 4.85 million won, and damages for delay.
3. Determination
(a) If the buyer was unaware of a defect in the subject matter of the related legal principles, the buyer may rescind the contract only if the objective of the contract is not attained thereby, and in other cases the buyer may only claim damages.
(Article 580(1) and Article 575(1) of the Civil Act. The term "defect" means a case where an object of sale lacks objective character and performance which can be expected in light of transaction norms, or where a party lacks the nature to be scheduled or guaranteed, and in such a case, the seller bears the warranty liability for the buyer due to such defect.
B. (See, e.g., Supreme Court Decision 98Da18506, Jan. 18, 2000).
Judgment
According to the purport of Gap's evidence Nos. 2, 3, and 6 and all of the visual and oral arguments, the apartment of this case is established.