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(영문) 서울중앙지방법원 2018.07.25 2016가합568444

하자보증금

Text

1. The plaintiff's conjunctive claim against defendant C Co., Ltd. is dismissed.

2. Defendant B Co., Ltd.

Reasons

A. As a result of a re-examination, part of the retaining wall located below the left side of the Mdong outer wall was protruding out, and it was inevitable to 63 meters thick with the stone and the wall, and it was confirmed that all of the remaining walls used 90 meters thickness with the thickness. However, in light of the fact that the construction of the “multiclass” heat, which is not the “ Grade B” during the re-examination, was additionally discovered, there is an additional fact that the appraiser calculated the cost of construction or the cost of defect repair equivalent to the cost of the defect repair. In light of the above, it cannot be deemed that the appraiser K’s determination that the defect is the defect is not significantly unreasonable.

[2] The inside size of the exchange system for facilities is set as 150*450 in the final drawing of the apartment house in this case where the failure to construct the ventilation duct, [Attachment 2] the failure to draw the main ventilation due to the failure to operate the siren in each household siren, [Attachment 24] the kitchen due to the failure to perform the construction, the main kitchen construction, and the failure to perform the altered construction, and the failure to perform the toilet ventilation function, and it is difficult to see that the above cross-section has been sufficiently secured in the construction of the exchange system.

[A] As a result of appraiser K’s appraisal and the overall purport of the pleadings, the following circumstances, namely, ① in the case of the instant apartment house, the size of the slob openings leading to the outside of the building, separate from the inside cross-sections of the exchange system for facilities, are considerably constructed and affect ventilation function; ② the Defendant C constructed the exchange system for the main purpose and the exchange system for facilities, which must be separated originally, so that it can be used for common use by connecting the exchange system for the main purpose and the exchange system for facilities; ③ Furthermore, even though foreign substances, such as cement tar, are interfered with the ventilation of the opening of the main purpose without any particular measure, Defendant C appears to have been constructed connected with the main exchange system without any specific measure; ④ In the ventilation duct installed in each household as a result of the on-site investigation, it is impossible to actually call, etc.