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(영문) 서울고등법원 2014.12.11 2013나80704
하자보수보증금 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The scope of this Court’s appeal by the Plaintiff is limited to KRW 226,534,360, and KRW 123,810,554, and the scope of appeal by the Plaintiff is limited to KRW 226,534,360, and KRW 123,810,554, which are the remuneration costs related to the non-construction of the floor and the walls of the kitchen. Accordingly, each of the above parts falls under the scope of

2. The reasoning of the court's explanation concerning this case is as follows, except for the part of 14 to 8, 7, and the part of 1, 2 of 10, and 14 to 7, and the part of 1 and 2 of 10, which are included in the reasoning of the judgment of the court of first instance. Thus, the court's explanation as to this case shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary parts] Under Section 7, the fact that each part in the “Items” column is not constructed or the volume, size, etc. of each part is reduced according to the partial completion drawings from 14th to 8th 7th 7th , is not disputed between the parties. However, unless there is any evidence that performing the construction of each part in the “Items” column in the project approval drawings is incorporated into the contents of the sales contract concluded between the Defendant Korea Land Trust and the buyer, it cannot be deemed as defective (see Supreme Court Decision 2012Da18762, Oct. 15, 2014). The Plaintiff’s above assertion is without merit.

In addition to the claim of the Nos. 1, 2, 1, 2, 1, 2, 2, 2, 2, 1, the floor of the kitchen/cafeterias in the main and cafeterias of the apartment building of this case, which is constructed by the string of the interior materials string of the apartment building of this case, is to close the wall into “designated remote area”, and the wall is to close the wall into “designated remote area.” Since the part does not include the string of the lower floor and the wall, this part constitutes an unconstruction defect, and accordingly, is seeking payment of the 123,810,554 won (5,70,000 won (58,063,937 won in the floor string of the floor, and 65,746,617 won in the wall string of the wall).

. An appraiser;

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