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(영문) 서울고등법원 2015.12.08 2014나58957

손해배상(기)

Text

1. Of the judgment of the first instance court, the part against Defendant C Co., Ltd. in the judgment is modified as follows:

Defendant C Co., Ltd.

Reasons

1. The reasons why the court should explain this case are dismissed or deleted as stated in Paragraph 2 below, and it is identical to the reasons stated in the judgment of the first instance except for replacing the attached Form. Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the judgment of the first instance court, which is dismissed or deleted, is set forth in the first instance court Nos. 20 to 5, 200 of the first instance court’s decision, “Sedong Construction Co., Ltd., the administrator of D’s lawsuit taking over the lawsuit of the rehabilitation company, which is the administrator of D’s taking over the lawsuit of the senior construction company, which is the administrator of D’s taking over the lawsuit of the senior construction company, the senior joint Defendant of the first instance court and the senior construction company.”

Part 5, 15, 16, and 18 of the judgment of the first instance court "attached Form 2.2" are "(attached Form 2)". Part 6, 3, 7, and 19 of the judgment of the first instance court "the part concerning the construction of the defendant Kudong among the lawsuits of this case is legitimate" shall be deleted. Part 12, 20, 9, 17, 10, 10, 10, 14, 13, 16, 12, 10, 19 through 20, 13, 13, 14, 19, 14, and 19 of the judgment of the first instance court "the construction of the defendant Kudongdong" shall be deleted.

Parts 16, 21, 17, 17, 16, 16, 16, 21, and 17, are as follows.

2) The Plaintiff’s outdoor equipment room for each household’s assertion by the Plaintiffs falls under the “Nomb, etc.” similar to the balcony, etc. of a house that is not included in the floor area pursuant to the Enforcement Decree of the Building Act, even though the outdoor equipment room is included in the area for exclusive use by including the outdoor equipment room area in the area for exclusive use, which led to a shortage of the area for exclusive use or the area for housing supply, it constitutes a defect.

B. Determination Gap's evidence Nos. 3, 6, Eul's evidence No. 5, and corporation.