1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The court's explanation on this part of the basic facts and the parties' arguments is identical to the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. The relevant provisions and Article 580(1) of the Civil Act provide, “If there is any defect in the subject matter of sale, the provisions of Article 575(1) shall apply mutatis mutandis. However, this shall not apply where the buyer knew or was negligent in the buyer’s knowledge of the defect or failure to know it due to his/her negligence.” If the subject matter of sale lacks the objective nature and performance expected in light of the transaction norms, or the parties lack the expectation or guarantee nature, the seller bears the warranty liability

(see, e.g., Supreme Court Decision 98Da18506, Jan. 18, 2000): Provided, That the right holder based on the warranty liability may waive his/her right.

B. According to Gap evidence Nos. 2 through 4, 6 through 9, and 11 as to whether there exists a defect in the subject matter of the instant sale, the plaintiff sent a letter or content-certified mail claiming compensation to the defendant by asserting the defect in heat, water leakage and mycoi, structural trees, and auxiliary items of the instant housing, and the plaintiff received a estimate, etc. from the construction business operator for the repair of the instant housing, but it is recognized that the plaintiff objectively existed the alleged defect.

In addition, the evidence submitted by the Plaintiff alone that such defects lack the objective nature and performance expected for the subject matter of the instant sales contract, or lack the nature of the parties scheduled or guaranteed, and there is no other evidence to acknowledge them. Thus, the Plaintiff’s assertion is without merit without further review.

C. Family judgment on the defendant's defense also asserted by the plaintiff in the instant house.