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(영문) 대전고등법원 2020.09.23 2019나15401

하자보수에 갈음하는 손해배상 등 청구

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All appeals by the defendants are dismissed.

The costs of appeal (including the costs of filing an application for the return of provisional payment) shall be borne by the Defendants.

Reasons

The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence adopted in the court of first instance shows additional evidence submitted in this court, the fact-finding and judgment of the court of first instance are judged to

Therefore, the reasoning for this court's explanation is as follows, except for supplement of judgment as follows, and the corresponding reasoning of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.

Part 7 of the first instance judgment "(i.e., KRW 167,852,151)" is deemed as "(i.e., KRW 167,852,151, KRW 95,526,265)."

2. Supplementary judgment

A. As to the criteria for determining defects of the apartment of this case which was pre-construction and post-sale, the buyer of the apartment of this case who was pre-construction and post-sale of the defendants' arguments 1) concluded a sales contract after visiting the same type of apartment of this case as well as the actual completed apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's apartment of this case's purchase after pre-construction and pre-sale after a thorough examination. Thus, the apartment of this case's apartment of this case's apartment of this case's apartment of this case

Generally, in apartment sale contract, the seller's default liability or warranty liability should be secured by the parties' special agreement or under the Housing Act.