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1. The Defendant’s KRW 5,833,705 as well as the Plaintiff’s annual rate from October 21, 2015 to December 9, 2015, and the following.
Reasons
1. Facts of recognition;
A. On September 23, 2013, the Plaintiff entered into a sales contract to purchase the land and buildings listed in the separate sheet (hereinafter “instant building”) from the Defendant for KRW 228,00,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer on November 6, 2013.
B. The Plaintiff leased the instant building owned by the Plaintiff. Around January 2014, the lessee knew that fung was occurring in the small bank, ward, etc. of the instant building. The Plaintiff requested the Defendant to repair the water leakage part around that time, but the Defendant was demanding excessive repair of defects and refused repair of defects.
C. As of the date of the closing of argument, the instant building is confirmed to have water leakage in small banks and living room ceiling and walls connected to the floor drainage boops installed on the second floor as of the date of the closing of argument.
[Reasons for Recognition] Uncontentious Facts, entry of Evidence A 1 and 2, Results of appraiser C’s appraisal
2. Determination
A. According to the facts acknowledged as above, the building of this case is for residence or lease with a house for the purpose of use, and is also for the sale purpose of this case.
However, according to the appraiser C's appraisal, the water leakages generated from the building in this case can not be used as a residential space, so it is reasonable to view it as a defect in the building.
B. Inasmuch as the method of appraisal of the scope of compensation for damage does not appear to be contrary to the empirical rule or unreasonable, the appraiser C recognizes the defect repair cost of KRW 5,833,705 according to the appraiser C’s appraisal result.
C. Accordingly, as the Plaintiff seeks, the Defendant’s lawsuit promotion, etc. from October 21, 2015 to December 9, 2015, which is the date of this decision, is 5% per annum under the Civil Act, and from the following day to the date of full payment, as the Plaintiff seeks.