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(영문) 서울고등법원 2017.03.31 2016나2054801
손해배상(기)
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded by this court, is modified as follows.

Reasons

1. The gist of the grounds for appeal by the Plaintiff is that ① the expenses for landscaping trees examinations in the apartment complex of this case rejected on the ground that the first instance court completed the defect repair should be recognized as KRW 93,782,167, and ② the ratio to which the expenses for the defect repair in the entire expenses for the common area of the apartment complex of this case, which was sold to the sectional owner, should not be the sale rate (the ratio of the number of households that were sold in lots to the total number of households) as in the first instance court, rather than the area ratio of sectional owner (the ratio of the management area of the household that was sold in lots to the total number of households).

2. As a result of examining the grounds for appeal citing the judgment of the court of first instance and the evidence submitted by the parties, the legitimacy of the judgment of the court of first instance is examined, and this court’s explanation is the same as the reasoning of the judgment of the court of first instance, except for partial dismissal or addition or supplementary determination as follows, and thus, it is acceptable as it is in accordance with the main sentence of Article

3. 202,732,732, 279, 467, 0334, 841, 842, 875, 8963, 6426, 529, 601, 477, 847, 897, 3222, 648, 5629, 601, 477,491, 8491, 846, 846 exclusively for exclusive use 8, 846, 35397, 33318, 682, 574, 23741, 8759, 738, 738, 74636, 746365, 747, 7639, 756365, 7964, 757, 796364, 796364, 7463675

A. The fourth upper part of the judgment of the court of first instance is modified to the following table.

B. On the fourth page of the judgment of the court of first instance, the following is added between 8 and 12-13 under the fourth page of the judgment of the court of first instance as “the apartment of this case” to “the sectional owners of sectional ownership of this case among the apartment of this case.”

“3) The management area of the entire apartment of this case (208 households) is 31,91.15 square meters, and the area managed by the household (108 households) that has purchased the apartment of this case is 20,660.24 square meters, and 64.58% = 20.20.

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