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(영문) 서울중앙지방법원 2019.04.26 2017가합527020
손해배상(기)
Text

1. C., the receiver of the rehabilitation debtor C., who is the plaintiff's taking over of the lawsuit against the defendant C.

Reasons

(b) constitutes a defect;

Even if the construction defect is considered as a defect, only the remainder of 4,875,198 won should be recognized as the defect repair cost.

[Attachment : Defect : As a result of a field investigation, the appraiser confirmed that heungi occurred in the basements room in the underground floor, the bedrooms room in each household, and the balcony in the balcony, and appraised it as a defect. The reason for the Fungi occurring in the construction process is in bad condition in the process of construction, and it is difficult to view that the appraiser's judgment calculated by the cost of repairing the installation of an fungibin to the parts that heung generated.

(However, there is a complex cause of the occurrence, and there is a defect due to a mistake in the use and management of the owner of the instant apartment, and there is no possibility that the instant apartment is naturally occurring due to the deterioration of the apartment, which is considered as the cause of the limitation of liability). [Public 200] The fact that the construction of the instant apartment was modified and constructed differently from the design drawing does not constitute a defect because there was no functional defect due to the alteration of the drainage system (410*510*940).

[Verification: Defect Recognition] Approval Drawings (C-227) only stipulates that "the materials, size, and shape of sewage can be modified after entering the supervisor with it." Thus, it is deemed that Defendant C does not have to install sewage. Thus, unlike the completion drawings, it is a defect that the construction of sewage pipelines directly connected from the sewage pipelines of household to the sewage pipe without installing sewage can cause trouble in the maintenance and management function if pipes can prevent them.

[Public 206] The difference in material cost, excluding the shortage of labor cost in thickness of underground parking lots, shall be recognized as repair cost.

[Scale: The appraiser's appraisal result] The difference in labor cost can be different depending on the thickness.

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