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(영문) 서울고등법원 2017.04.06 2016나2072625

하자보수에 갈음하는 손해배상등

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1. All appeals by the plaintiffs (appointed parties) are dismissed.

2. The costs of appeal are assessed against the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The plaintiff et al. is a H building, an apartment-type factory located in Geumcheon-gu Seoul Metropolitan Government (the underground third floor, the 15th floor, and the hereinafter referred to as the "instant building")

(2) Of the list of the designated persons in [Attachment 1], each of the sectional owners or buyers in the corresponding heading rooms is the project proprietor who constructed the instant building and sold it to the Plaintiff, etc., and Defendant E Co., Ltd (hereinafter “E”) is the construction contractor who constructed the instant building. Defendant E Co., Ltd. (F Co., Ltd.; hereinafter “E”) is the construction contractor of the instant building under a contract with Defendant D for the construction of the instant building.

B. (1) Defendant E completed the new construction of the instant building, and obtained approval for the use of the instant building from the head of Geumcheon-gu Seoul Metropolitan Government on October 26, 2009. (2) However, as Defendant E did not perform the construction works of the instant building and did not perform the construction works according to the design drawings, or performed construction works differently from the design drawings, Defendant E did not perform the construction works of the instant building, thereby causing any defect that may hinder the function, aesthetic or safety of cracks, water, etc. in the section for common use and section for exclusive use of the instant building.

3) Accordingly, the representative meeting of the management body of the instant building may, upon the request of the Plaintiff, etc., continuously requested the Defendant E to repair the defects incurred from the instant building from May 28, 2010 and perform repair works for some defects. However, the instant building is still an agreement by which only the cost of repairing the defects incurred to the sections of exclusive ownership of the households owned by the Plaintiff, etc. among the instant building by the summary sheet by the defect list by the attached section for common use and by the defect list by the attached section for exclusive use in the attached section for the attached section 6 is calculated. The foregoing defect remains, and in order to repair the building, the following [Attachment] cost is required on the premise that the part subsequent to the crack repair of the outer wall: