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(영문) 서울고등법원 2020.11.04 2019나2032925
하자보수보증금 등
Text

1. Of the judgment of the first instance, the part against the Plaintiff and the Defendants is modified as follows.

Defendant 1.

Reasons

1. The part excluding the conclusion in the reasoning of the judgment of the court of first instance excluding the conclusion among the reasons to be stated in this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the relevant part of the grounds of the judgment of the court of first instance is the same as the relevant part of the grounds of the judgment of the court of first instance (including attached Form 1), except

(1) In addition to those set forth in Paragraph (2) below, the remaining arguments of the parties are not significantly different from those asserted in the first instance court. However, even if the evidence submitted in the first instance court shows additional evidence, the facts findings and judgments of the first instance court are justified). 2. The part (including additional or supplementary judgments) written by the first instance court (including additional or supplementary judgments) shall be changed to attached Form 2, 3, and 4 of this decision.

All of the building of this case "the building of this case" in the 9th sentence 7th sentence and 8th sentence are "the apartment of this case".

The 13th of the 9th judgment of the first instance court shall be subject to the following formula from the "Public Notice of the Minister of Land, Infrastructure and Transport" to the "Calculation of the repair cost of defects" of the 18th judgment:

The plaintiff asserts that there is a large number of cracks on the outer wall of the apartment of this case, and that there is an aesthetic problem in the case of a partial gate, and that the overall gate should be the site. However, in full view of the fact that the attached Table 7 of Article 67 (8) of the "Standards for Inspection of Defects in Multi-Family Housing" publicly notified by the Ministry of Land, Infrastructure and Transport provides that the method of disposal of the partial gate is appropriate in the case where the repair area ratio is less than 20%, ② the ratio of the area of the partial gate to the total gate is only 14.27%, and ③ the apartment management authority sets aside the long-term repair appropriations necessary for replacing and repairing major facilities in accordance with the long-term repair plan and implements the full gate on the outer wall of the building once every five years, the defect repair cost is assessed on the basis of the partial gate.

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