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(영문) 서울고등법원 2015.04.17 2014나2048635

하자보수보증금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. The reasons for the court's explanation concerning this case are as follows: each "Appraiser" of the judgment of the court of first instance shall be deemed as "Expert of the court of first instance"; "this court" of the 6th 5th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st

2. The changed part

A. Of the grounds for the judgment of the court of first instance, Article 3-3(a)(ii) of the former Housing Act (amended by Act No. 9405, Feb. 3, 2009; hereinafter the same shall apply)

Article 46 (1) under the title of "security liability, defect repair, etc." (including the owner who has constructed the collective housing for the purpose of parcelling-out after obtaining a building permit under Article 8 of the Building Act and the constructor who has committed the act under Article 42 (2) 2; hereafter in this Article the same shall apply) the project proprietor (including the owner who has done the act under Article 42 (2) 2 of the Building Act; hereafter in this Article the same shall apply) shall, notwithstanding the provisions of Article 9 of the Act on the Ownership and Management of Aggregate Buildings for which the provisions of Articles 667 through 671 of the

When any defects prescribed by Presidential Decree occur, such as rupture, subsidence, damage, etc. due to a mistake in construction, within the warranty period prescribed by Presidential Decree within the scope of 10 years for each load-bearing structure and each facility construction of collective housing from the date of approval for use of collective housing under Article 18 of the Building Act, the occupants, etc.