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(영문) 서울고등법원 2014.11.21 2013나80827

하자보증금

Text

1. All appeals filed by the plaintiff and the defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasons for the court's explanation concerning this case are as follows. The part concerning the second-class (a) (b) of the judgment of the court of first instance is modified as stated in the following paragraph (2), and the part concerning the second-class (a) (b) of the judgment of the court of first instance is superior to the second-class (2), and the second-class (6) of the judgment of the court of first instance (the plaintiff does not have any agreement on the part related to the reinforcement at the time of the preparation of the written agreement on the completion of defect repairs, and thus, it cannot be deemed that the plaintiff renounced the expenses for the repair of defects in the part related to the reinforcement. However, the part related to the reinforcement as alleged by the plaintiff is a defect related to civil works and falls under the second-year defect as seen earlier, and there is no other evidence to acknowledge that the part related to the reinforcement discussion was excluded by the agreement on the completion of defect repairs in the first-class, second-year and third-year defect repairs. The plaintiff's above assertion is not acceptable). It is cited as it is based on Article 420 of the Civil Procedure Act.

2. (1) Determination on change (B) where a seller’s default liability or warranty liability in an apartment sale contract is acknowledged in cases where an apartment unit sold in lots has been possessed by a special agreement between the parties concerned or has failed to meet normal quality or character in transactions, such as housing construction standards under the Housing Act (see Supreme Court Decision 2008Da9358, 9365, August 21, 2008; Supreme Court Decision 2007Da9139, April 29, 2010). Determination of defects ought to be made by comprehensively taking into account various circumstances, including the content of the contract between the parties concerned, whether the apartment unit was constructed as designed, and whether it conforms to the standards prescribed under housing-related statutes (see Supreme Court Decision 2008Da16851, Dec. 9, 2010). However, approval drawings of a project owner are required to obtain approval of the housing construction project plan.