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(영문) 서울고등법원 2015.05.27 2014나2029702

하자보수금 등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of the first instance except for the following reasons. Thus, this is cited by the main text of Article 420 of the Civil Procedure Act.

The parallels between the 7th sentence and the 8th sentence shall be followed by the following:

The project approval drawings are merely and externally announced to the person authorized to approve the project plan in order to obtain the approval of the housing construction project plan. Unless there is a separate agreement, it is difficult to view that the sales contract has been concluded between the project operator and the buyer on the basis of the project approval drawings, considering the individual characteristics of the construction project or the conditions of the construction site in the actual construction process. In this case, in principle, the project operator shall obtain the approval of the project plan from the person authorized to approve the project plan in accordance with the housing-related Acts and subordinate statutes, and in case of any minor modification, it shall be subject to the procedures of notification to the person authorized to approve the project plan in accordance with the housing-related Acts and subordinate statutes. As such, if the modification is done, the use inspection shall be conducted based on the final design reflecting all of the modified contents, the subsequent defect repair inspection shall be conducted based on the construction completion drawings, and the housing-related Acts and subordinate statutes plan to modify this procedure, and thus, the purchaser in the apartment sale contract shall trust the construction without any defect in the construction project within the modified scope from the project approval drawings and shall also be premised on the contract.