1. As to the claim for property damage, the defendant C shall be subject to an exchange change in this court.

1. Basic facts

A. On April 5, 2016, the relevant Plaintiffs entered into a sales contract with Defendant C and Seodaemun-gu Seoul, Seoul (hereinafter “instant apartment”) to purchase the F apartment G (hereinafter “instant apartment”) on a fixed basis as of June 10, 2016 on the date of the payment of the purchase price of KRW 440 million, the remainder payment, and the transfer of ownership (hereinafter “instant sales contract”).

Defendant D is the spouse of Defendant C.

B. (1) around February 2006, Defendant C performed artificial construction such as expanding the balcony part of the living room of the instant apartment around February 2, 2006, including water leakage and construction of the instant apartment, and K moved into J, the lower floor below the instant apartment on October 2007.

(2) Since several years after K moved in, the first water leakage phenomenon was discovered in Jhocheon, etc., Defendant C performed a small-scale waterproof construction work, such as filling the instant apartment complex with the real container on around three occasions from October 2010 to August 2014.

(3) However, upon the occurrence of water leakage from heading J, Defendant C performed a large-scale waterproof construction project to replace the balcony head of the living room and to repair defects presumed to be a water source on November 2015.

(4) Around July 2016, the Defendants removed from the apartment of this case, and the Plaintiffs moved into the apartment of this case, which occurred the same water leakage phenomenon as in the past (hereinafter “instant water leakage”).

C. In the relevant criminal case Seoul Western District Court Decision 2017No1693 Decided January 24, 2019, Defendant C was recognized as a crime of fraud. However, the Supreme Court Decision 2019Do2643 Decided May 30, 2019 at the Supreme Court Decision 2019Do2643 Decided May 30, 201 decided that Defendant C made the sales contract by deceiving the Plaintiffs by means of not intentionally hiding or notifying the fact of leakage in the past for the purpose of sexual intercourse, and that it did not enter into the sales contract at least as the same price if the Plaintiffs were notified of leakage in the past.