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(영문) 서울고등법원 2019.12.13 2019나2026197

손해배상(기)

Text

1. The judgment of the court of first instance against Defendant B and Defendant C, which exceeds the amount ordered to be paid below.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and such judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for dismissal or additional determination as follows.

2. The part which is dismissed or added is that “The secured creditor of the instant guarantee agreement was changed to the Plaintiff at that time, and the secured creditor of the instant guarantee agreement was changed to the Plaintiff” under the 6th table of the judgment of the court of first instance.

분양자 동별 구분 사용검사 전 사용검사 후 합계 미시공 변경시공 1년차 2년차 3년차 4년차 5년차 10년차 B G ~ L 전유 76,406,053 60,374,467 4,030,813 21,478,313 - - - 905,273 163,194,919 공용 80,019,410 126,601,326 929,119 811,051 9,678,381 6,621,228 - 3,978,046 228,638,561 합계 156,425,463 186,975,793 4,959,932 22,289,364 9,678,381 6,621,228 - 4,883,319 391,833,480 I ~ M 전유 11,328,496 6,865,992 13,162 2,431,985 - - - 8,730 20,648,364 공용 4,597,337 1,021,056 60,522 - - 1,114,735 - 9,184 6,802,834 합계 15,925,833 7,887,048 73,684 2,431,985 0 1,114,735 - 17,914 27,451,198 C N ~ O 전유 20,770,190 12,954,075 666,272 4,119,330 - - - 403,663 38,913,530 공용 11,577,234 4,436,573 68,474 154,677 - 1,592,734 - 351,612 18,181,305 합계 32,347,424 17,390,648 734,746 4,274,007 - 1,592,734 - 755,275 57,094,835 J 전유 5,664,248 3,432,996 131,660 1,066,362 - - - 2,619 10,297,884 공용 2,298,669 510,659 28,131 - - 557,368 - 52,654 3,447,481 합계 7,962,917 3,943,655 159,791 1,066,362 - 557,368 - 55,273 13,745,365 D P ~ Q 전유 13,846,793 8,636,050 231,393 2,765,740 - - - 67,219 25,547,196 공용 5,211,818 3,144,890 45,323 109,652 - 1,061,823 - 458,290 10,031,796 합계 19,058,612 11,780,940 276,716 2,875,392 - 1,061,823 - 525,509 35,578,992 제1심판결 제7쪽의 표를 다음과 같이 고친다.

The results of the expert testimony conducted by the appraiser BI (hereinafter referred to as the "expert") of the 9th [based on recognition] shall be as follows: "The results of each request for the expert testimony by this court for the expert testimony shall be as follows: