1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

1. The reasons for the court's explanation concerning this case are as follows: (a) the "Appraiser" of the fourth and fourth categories of the judgment of the court of first instance (in the case of painting, excluding parallel tickets; hereinafter the same shall apply) shall be changed to the " appraiser of the court of first instance"; (b) the part of the second part among the reasons for the judgment of the court of first instance shall be changed to the " appraiser of the court of first instance"; and (c) the part of the second part among the reasons for the judgment of the court of first instance shall be changed to the following paragraph 2; and (d) the part of the second part shall be changed to the reasons for the second part of the judgment of the court of first instance except for adding the following

2. The changed part

B. The defendant asserts that Article 59 (1) and attached Table 7 of the Enforcement Decree of the Housing Act, which had been in force at the time of the inspection of the use of the apartment of this case, are limited to the case where the apartment of this case is likely to collapse or collapse as a result of the safety diagnosis due to the defect in the load-proof structure or the scope of the defect in the load-proof structure for five or ten years of the defect repair period. Thus, unless the plaintiff proves that the defect in this case occurred in the load-proof structure of the apartment of this case and the apartment of this case is likely to collapse or collapse, the defect repair period of this case for one to three years shall not be liable for the guarantee of the defect in this case under each of the respective guarantee contracts for the defect.

However, Article 46 of the former Housing Act (amended by Act No. 9405 of Feb. 3, 2009; hereinafter the same) provides that "Liability for warranty, defect repair, etc." under paragraph (1) of the same Article, "project owner (including a building owner who constructed an apartment house for sale with a building permit granted under Article 8 of the Building Act and a contractor who performs an act under Article 42 (2) 2 of the Building Act; hereinafter the same shall apply in this Article) shall be entitled to the application of Articles 67 through 671 of the Civil Act to the warranty liability for the sale of a building."