손해배상 등
1. All appeals filed by the Plaintiff, Defendant Barun Construction Co., Ltd. and Seoul Guarantee Insurance Co., Ltd. are dismissed.
2...
1. The reasons for the court’s explanation concerning this case are as follows: (a) the Plaintiff’s assertion on the part constructed differently from the starting drawings; (b) the Defendants’ assertion on other individual defects; and (c) the reasoning for the judgment of the first instance as to the occurrence and scope of the defects are the same as the reasons for the judgment of the first instance, except for partial revision as follows; and (d) the same shall be cited in accordance with the main sentence of Article 420
o The plaintiff's assertion and its determination 1) The plaintiff's assertion that the part constructed differently from the starting drawing (No. 8 of the first instance judgment, No. 4-10 of the first instance judgment) is liable for the warranty against defects (No. 6 of the second instance judgment) (1) the plaintiff asserts that the standard drawing for determining the defects of the building of this case constitutes a defect that has not been constructed or modified and constructed differently from the starting drawing or the project approval drawing, on the premise that the standard drawing for determining the defects of the building of this case is the starting drawing or the project approval drawing. Thus, the defendant association bears the warranty liability against the transferor of this case under the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 11555 of Dec. 18, 2012; hereinafter "former Act").
(1) The project approval drawings cannot be deemed to have been concluded on the basis of the project approval drawings, unless there is a separate agreement, since the project operator is merely and externally publicly announced the basic design documents submitted by the person authorized to approve the project plan in order to obtain the approval of the housing construction project plan, the sales contract cannot be deemed to have been concluded on the basis of the project operator and the buyer, taking into account the individual characteristics of the construction project and the conditions of the site in the actual construction process. < Amended by Presidential Decree No. 20682, Dec. 2, 2008>