beta
Text
1. Defendant B’s KRW 1,030,000 as well as 5% per annum from September 18, 2014 to January 13, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On March 31, 2014, the Plaintiff entered into a sales contract with Defendant C, a licensed real estate agent, under which the Plaintiff purchased each real estate listed in the separate sheet from Defendant B (hereinafter “instant housing”) at KRW 216 million (hereinafter “instant sales contract”).
B. On May 28, 2014, the Plaintiff paid the balance under the above sales contract to Defendant B, and received the said real estate. On the same day, the Plaintiff paid 864,000 won to Defendant C with a brokerage commission.
【Ground for Recognition: Facts without dispute, Gap 1-4, 10 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. In the event that the subject matter of sale of the instant real estate lacks the objective nature and performance expected in light of the transaction norms, or the subject matter of sale lacks the nature scheduled or guaranteed by the parties, the seller bears the warranty liability for the buyer due to the defect, and the existence of such defect must be determined at the time of establishment of the sale contract.
In full view of the purport of the arguments as a result of Gap's evidence 6 and 7 evidence, witness Eul's testimony, witness Eul's testimony, and appraiser F's appraisal, it can be acknowledged that the living room floor of the housing of this case was at a considerable level, and that there was a defect since the sewerage pipe connected to the lacing shop was installed so as to prevent earth and sand, and the leakage of the leakage due to drain water was at the bottom of the lacing counter, and ③ it is reasonable to view that the garbage was stored in the ground with the pipe connected to the septic tank, and it constitutes a defect because it lacks objective performance.
The above determination does not change even if the part was not revealed externally, and even if Defendant B did not have been aware of it around that time.
B. The seller against the defendant B.