1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows.

The defendants are the defendants.

Basic Facts

The reasoning for this part of this Court is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 420 of the Civil Procedure Act.

However, with respect to the defects in the transfer of claims and the section for common use among the general sale households of the Plaintiff’s assertion, the Plaintiff primarily incurred damages to the council of occupants’ representatives of the instant apartment in the instant case due to the Defendants’ nonperformance of obligations under the instant contract, thereby paying the amount of KRW 432,654,369, the Defendants are liable to compensate for damages equivalent to the above amount based on the nonperformance of obligations, and ② the Defendants are liable to compensate for damages equivalent to the defect repair amount based on the warranty liability.

With respect to the defect in the ownership and common area of the non-transfer household among the general sale households, the Defendants are obliged to compensate for the damage equivalent to KRW 54,693,400, the defect repair cost under the warranty against defects.

With respect to the defects in common areas of the leased and unsold households, the Defendants are obliged to compensate for damages equivalent to KRW 94,298,311, the defect repair cost, based on the warranty liability.

The Plaintiff’s expenditure of KRW 13,594,166 in total in order to comply with the instant prior suit or the Defendant’s obligation to pay such expenditure was incurred due to the Defendants’ nonperformance of contractual obligations under the instant contract. As such, the Defendants are liable to compensate the Plaintiff for damages equivalent to the said amount.

Where there is a defect in the object completed by the contract for liability for damages related to the defects of the apartment in this case, the contractor bears the liability for defect repair pursuant to the warranty liability, which is the strict liability recognized by the Act, and the contractor is liable for the nonperformance if the damage is caused to the body and property of the contractor due to the failure of the contractor to perform the obligation under the terms