하자보수금등 청구의 소
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
1. As to the cited part of the instant case (Provided, That the part concerning the Codefendant B and the Housing and Urban Guarantee Corporation in the first instance trial is separated from the appeal period map), the reasons for our court’s explanation are as follows: (a) inasmuch as the difference between the higher portion as set forth in paragraph (2) and the addition as set forth in paragraph (3) are deducted, the reasons for the judgment of the first instance are as stated in the main sentence of Article 420 of the Civil Procedure Act.
2. Parts in height:
(a) close “C” under paragraph 4 below the sixth Schedule of the first instance judgment to “G, etc.”;
B. The 7th judgment of the first instance court (based on recognition) is as follows.
[Reasons for Recognition] The appraisal result of the first instance court's appraisal of the non-contentious facts (including the fact that there is no dispute clearly), Gap evidence 1 through 10, Eul evidence 1 through 4, Eul evidence 25, Eul evidence 25 (including the number of various numbers; hereinafter the same shall apply), and the appraisal result of the first instance court's appraisal of the appraiser of the first instance court, the results of each request for the supplementation of expert evidence to the appraiser of the first instance court, and the results of the fact inquiry, the purport of the whole pleadings.]
C. Of the “Determination on the Occurrence and Scope of Defects” in the table of the “Determination on the Occurrence and Scope of Defects” between the judgment of the first instance court 7 to 12, the items [joint 57], [joint 219], [joint 252], and [full 32] are as follows:
In the case of high-rise building structures such as the apartment of this case, it is inevitable in the public law, the material characteristics of concrete, external environmental factors, etc., so it cannot be viewed as a defect in construction.
Even if this is considered as a defect in construction, the appraiser calculated the cost of repair by applying the method of charging rupture rupture repair regardless of the rupture width. In the case of rupture less than 0.2m, it is possible to repair the defect sufficiently by the surface treatment method, and the defect repair cost should be reduced based on this.
[Recognizing the defects] The first instance court.