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1. The defendant,
A. As to Plaintiff A’s KRW 23,491,694 and KRW 20,00,00 among them, KRW 3,491,69,694.
Reasons
Basic Facts
Plaintiff
A around November 1, 2016, the Defendant purchased the building of Jeju City D Complex E (hereinafter referred to as “instant E”) from the Defendant and completed the registration of ownership transfer on December 5, 2016, and was handed over the said building on or around December 10, 2016.
Plaintiff
B on December 13, 2016, the Defendant purchased the F Complex G Building from Jeju-si (hereinafter “instant H Housing”) and completed the registration of ownership transfer on December 19, 2016, following the delivery of the said building on December 19, 2016.
The main contents of each contract entered into between the plaintiffs and the defendant are as follows.
Article 13 (Correction of Defects)
1. The defendant shall guarantee to the plaintiff the quality and function of the above building and its ancillary facilities for a period of two years from the date of delivery and shall repair the defects that occurred on the building.
2. Pursuant to Article 56(1) of the Enforcement Decree of the Housing Act, the scope of defects shall be determined as “a defect to the extent that the function of the building or its facility, scenic view or safety is likely to be impeded due to rupture, disposal, turfing, erosion, collapse, water leakage, leakage, leakage, operation or malfunction due to a construction error.”
[Ground of recognition] Each description of Gap evidence Nos. 1 through 4, the purport of the entire pleadings by the parties to the claims, which the plaintiffs asserted against the defendant, were the number of windows and drained in the buildings of this case E and H, which were purchased from the defendant, the Costacoma, straw, secret construction, and internal heat, bents, the outer wall part, and the outer wall part, which was the horizontal size of the E floor.
Therefore, the Defendant is obligated to compensate the Plaintiff for damages equivalent to the construction cost necessary for repairing defects.
The defendant's assertion does not have any defects claimed by the plaintiffs in each of the buildings of this case, and even if some defects exist, two years have passed, which are the warranty period set in the sale contract, so there is no obligation to compensate for damages equivalent to the cost of defect repair.
Judgment on the cause of the claim.