1. The defendant's appeal is dismissed.

2. The portion of the appeal costs excluding the appraisal costs shall be borne by the Defendant.

Basic Facts

A. On May 5, 2015, the Plaintiff purchased the Dongjak-gu Seoul Metropolitan Government Apartment and 1607 Dong 109 (hereinafter “instant apartment”) from the Defendant with the purchase price of KRW 692,00,000.

B. On August 25, 2015, the Plaintiff completed the registration of ownership transfer on the instant apartment, and received the instant apartment from the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and judgment as to the ground of claim as a whole

A. Where the subject matter of a sale lacks objective nature and performance which can be expected in light of the transaction norms, or the subject matter of the sale lacks the nature scheduled or guaranteed by the parties, the seller bears the buyer's liability to indemnify 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).

Comprehensively taking account of the descriptions of evidence Nos. 6-2, 3, and 14-2, 3, and 14-2, 3, and 16 of the Do exhaust construction cost, and the overall purport of pleadings as a result of appraisal and supplementary appraisal by appraiser D (including the fact that there is no dispute between the parties concerned). The fact that the part of the remote area and floor reinforced floor of the apartment of this case was polluted, duplicated and damaged due to the conclusion of a sales contract and the determination at the time of delivery of the apartment of this case was completed, and the Plaintiff completed partial repair work of the floor and floor reinforced floor from Sept. 2, 2015 to Nov. 2015; the appraiser may calculate the area calculated by 1,426, 426, and 30% of the area of the Do unit construction cost for the Do unit area (the area occupied by the window, entrance, or door strawing room, etc.) in relation to the Do unit construction cost; the amount calculated by 30% of the floor and 970% of all the residential area.

(c)the number of rooms No. 2;