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(영문) 대전고등법원 2014.12.31 2014나10548

하자보수보증금 등

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim is to the Plaintiff.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, the parts of the table Nos. 110, 510, 801, 804, 110-8, 110-8, 200, 30, and 6 of the reasoning of the judgment of the court of first instance concerning this case are as follows: "No. 21-1 of the evidence No. 20 of the judgment of the court of first instance" is the same as the reasoning of the judgment of the court of first instance except for the case where "No. 20-1 of the evidence No. 20 of the judgment of the court of first instance" is the same as "No. 20-1 of the evidence No.

【Supplementary construction cost for the 110 Round Noise (U.S.) construction cost cannot be viewed as a defect since there is no problem in the design and construction work cost for the supplementary construction work for the 110 Round, which is decided on the summary of the assertion of defects, and the interim examination that the appraiser should install for defect repair is prohibited from being installed under Article 18(2) and (3) of the

In full view of the statement No. 20-1 of the evidence No. 20 and the whole purport of the argument as a result of the request for appraisal by the court of first instance, it is recognized that noise has occurred between rooftops and the highest generation of the floor caused noise due to the wind, which is judged to be a defect due to design error.

Although the Defendants asserted that the construction of street bars, such as the opinion of the appraiser, do not reduce noise, the Defendants do not offer any other solution, in full view of the fact that the occupants of the apartment of this case create a street-to-work with fixing the height of temporary measures (see, e.g., e., one appraisal report and 38 photographs), it seems one of the methods to reduce noise to perform construction works on the middle of the railing, such as the opinion of the appraiser.

In addition, Article 18(2) and (3) of the Regulations on Standards for Housing Construction cannot be interpreted as a provision prohibiting the installation of street bars on the middle part of a rail, and demanding a height of not less than 1.2 meters is mainly a fall prevention by negligence.