Apartment Sold With Severe Mechanical Room Noise Concealed... Court Rules Contract Cancellation Justified

Noise from Basement Water Pump Exceeds Legal Limits

Court: "Seller Must Pay Sale Price and Damages"

A court has ruled that a sales contract for an apartment, signed after the seller concealed the fact that there was persistent severe noise in the underground mechanical room, is subject to legitimate cancellation.

According to Yonhap News on the 19th, the civil division of the Jeonju District Court (Presiding Judge Cheon Muhwan) ruled in favor of the plaintiff in a lawsuit filed by apartment buyer A against seller B, seeking cancellation of the sale contract and other remedies.

Jeonju District Court Exterior View

This legal dispute began with the apartment sale contract concluded between A and B on December 23, 2024. After purchasing an apartment in Wansan-gu, Jeonju, Jeollabuk-do from B for 48 million won, A replaced the wallpaper and flooring in preparation for a new home. However, the joy of home ownership quickly faded. Large-scale noise occurred simultaneously in the living room, master bedroom, and small room for about 10 to 16 minutes at a time, eight times a day. In particular, the noise in the small room exceeded the limits established by both the Multi-Family Housing Management Act and the Noise and Vibration Control Act.

The source of this noise was a water pump installed in the apartment’s underground mechanical room. Each time the pump operated, A suffered from noise that seemed to reverberate throughout the entire apartment. Unable to endure this any longer, A sought contract cancellation in court, arguing, “This home has a fundamental defect that prevents it from serving its basic function as real estate.”

The court stated, “The defendant, as the seller, had lived in the apartment prior to the sale, so either knew or necessarily should have known about the noise issue. Nevertheless, the defendant failed to inform the plaintiff about it, and it is considered that the plaintiff would not have entered into the sales contract had they known about the noise.” The ruling continued, “Therefore, the defendant must restore the original condition in accordance with the cancellation of the sale contract and compensate for the plaintiff’s mental distress. However, based solely on the plaintiff’s submitted evidence, it is insufficient to acknowledge expenses such as for wallpaper and flooring replacement, or registration fees; thus, only the real estate agent’s commission is recognized as damages.” Accordingly, the court ordered B to pay A 48 million won for the apartment sales price plus 4.26 million won for damages, totaling 52.26 million won.

This content was produced with the assistance of AI translation services.