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1. The plaintiff's primary claim against the defendants is dismissed in entirety.
2. Defendant B is 68,600,000 won and its amount.
Reasons
1. Basic facts
A. On March 20, 2017, the Plaintiff entered into a sales contract with Defendant B to purchase the instant land and buildings for one billion won (hereinafter “instant sales contract”).
The Plaintiff completed the registration of ownership transfer for the instant land and building on August 31, 2017, and received the instant land and building from Defendant B around that time.
나. 이 사건 매매계약서 특약사항 제1항에는 “기본 및 현 상태로의 매매이나 하자보증은 누수 1년으로 한다.”라고 기재되어 있고(이하 ‘누수 보증 특약’이라고 한다), 이 사건 매매계약을 중개한 공인중개사 D가 원고에게 교부한 중개대상물 확인 ㆍ 설명서에는 이 사건 건물 벽면의 균열, 누수가 없는 것으로 체크(∨)되어 있다.
C. As to the instant building, registration of preservation of ownership was completed on February 18, 2013, Defendant B constituted one commercial building (E), two houses (F, G), two houses (F, and three stories on the ground) and two houses (H, and I).
(hereinafter individually referred to as "the number of houses" shall be specified).
At the time when the Plaintiff received the instant building from Defendant B, each lessee was occupying and using the instant building for business or residence purposes, and thereafter, the lessees of subparagraph F and I were set out due to the termination of the lease agreement.
The Defendants resided in H from January 2, 2013 to August 30, 2017, and the Plaintiff also resides in H from August 31, 2017.
E. After having received delivery of the instant building on August 31, 2017, the Plaintiff generated water leakages in E, F, G, H, etc.
Upon the Plaintiff’s request, the Defendants performed the repair work on the water leakage of balconys at the small bank of Gho Lake on September 18, 2017, and the water leakage of the windows at the door of Hho Lake. However, even thereafter, the Defendants may enjoy water in the instant building E, F, G, Hho, and stairs room.