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(영문) 대법원 2015.06.24 2015다16361

손해배상(기)

Text

The appeal is dismissed.

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

Reasons

The grounds of appeal are examined.

1. The seller's default liability or warranty liability in the apartment sale contract shall be determined by comprehensively taking into account all the various circumstances, including where the apartment unit sold in lots is held by a special agreement between the parties concerned or it is recognized that it has not fulfilled ordinary quality or character in trade, such as housing construction standards under the Housing Act, etc., and whether it is defective shall be determined by comprehensively taking into account the contract terms between the parties concerned, whether the apartment unit

In addition, the issue of whether a defect occurred in an apartment building should be determined on the basis of the completion drawing in principle, unless there are special circumstances, such as the project approval drawing at the time of the apartment sale contract or the specific construction details and construction methods stated in the project approval drawing at the time of the apartment sale contract and the construction method, or it can be viewed that the apartment building was incorporated into the contents of the sale contract by separately indicating such contents, such as the sale guide, or the model house, etc.; therefore, even if the apartment building was constructed differently from the project approval drawing or the construction commencement drawing, it cannot be deemed

(2) On October 15, 2014, the lower court acknowledged that the items alleged in the ground of appeal by the Plaintiff (Appointed Party) were constructed in accordance with the approved drawings by comprehensively taking account of the adopted evidence, and determined that the items cannot be deemed defective on the ground that the Defendant cannot be deemed as advertising to the buyers who are capable of executing construction in accordance with the specific construction contents and construction methods stated in the starting drawings at the time of the instant sales contract, providing a sale guide, or including them into the contents of the sales contract through presentation of a model house.

Furthermore, the lower court is legitimate for the reasons indicated in its reasoning.