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1. The Defendant’s KRW 8,803,118 as well as 5% per annum from August 5, 2017 to February 14, 2019 to the Plaintiff.
Reasons
1. Basic facts
(1) On May 9, 2017, the Plaintiff entered into a sales contract with the Defendant with the content that the Plaintiff purchases KRW 80,000,000 (hereinafter “instant housing”) for the purchase price of KRW 110,00 in Busan Dong-gu C, Busan, and the 57.6,00 square meters in a single-story house on its ground (hereinafter “instant housing”).
D. On June 20, 2017, the Plaintiff paid the remainder under the sales contract to the Defendant and received the said house.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The seller bears the warranty liability for the defect in the event that the object of the sale of the instant housing defects fails to meet the objective nature and performance expected in light of the transaction norms, or the party lacks the nature scheduled or guaranteed by the contract, and the existence of such defect must be determined at the time of establishment of the sale contract.
Comprehensively taking account of the appraiser D’s appraisal results on the images of Gap evidence 3-1 through 4, Gap evidence Nos. 4, 5, and Gap evidence Nos. 9 and the overall purport of the pleadings, around July 7, 2017, after the plaintiff received the housing of this case, he/she may recognize the fact that a water leakage was actually generated in the housing of this case due to the plaintiff’s housing construction, such as house visit, gate, toilets, toilets, painting, distribution, and decoration construction, etc. around July 7, 2017, when the plaintiff performed the construction of the interior of the housing of this case, such as the house entrance, gate, toilet, kitchen, and decoration construction. The plaintiff’s interior construction of the housing of this case was difficult to view that the water leakage was generated due to the construction of the housing of this case, which was the construction of the housing of this case.