부당이득금 반환
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. In the first instance court’s trial scope, the Plaintiff ordered the Defendants to construct a new building. However, the Plaintiff sought payment of KRW 15,309,000 in total of the non-construction cost and defect repair cost, asserting that the non-construction cost and the defect repair cost incurred damages due to the existence of defects. The court of first instance accepted only KRW 14,605,00 among the above money, and dismissed the remainder of the claim.
In this regard, since only the defendants appealed, the subject of the judgment of this court is limited to the part against the defendants.
2. The reasoning of the court's explanation of this case is the same as that of the judgment of the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Thus, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as it is without merit. Since the judgment of the court of first instance is justified as it is in this conclusion, the appeal by the defendants shall be dismissed as it is without merit. It is so decided as per Disposition.