Text
1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2...
Reasons
1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for “the parts to be modified” under paragraph (2) below, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
A. The phrase “the result of the appraiser C’s appraisal” in the first instance court Nos. 10 to 11 is as follows: “the result of the appraiser C’s appraisal”; the phrase “the result of the appraiser C’s appraisal on August 12, 2013”; the phrase “the result of the supplementary appraisal on April 2, 2013”; the phrase “the result of the supplementary appraisal on August 12, 2013 to the appraiser C”; the phrase “the result of the supplementary appraisal on August 12, 2013 to the appraiser C”; the phrase “the result of the supplementary appraisal on August 12, 2013 to the appraiser C” in the first instance court No. 9”; and the phrase “the result of the supplementary appraisal on August 12, 2013 to the appraiser C,” respectively.
B. Parts 13 through 11 of the first instance judgment are as follows.
“C) In addition, as a result of structural safety review on the part of the rooftop pressing which the Plaintiff constructed, the Defendant asserts that, on behalf of the Plaintiff, the structural safety problem is concerned, the Plaintiff has a duty to pay KRW 46,939,021 to the Defendant for reconstruction and reinforcement construction costs. However, in addition to the appraiser C’s appraisal result and the purport of the entire pleadings as to appraiser C on May 21, 2014, the structural review report (Evidence B No. 15) submitted by the Defendant submitted by the Defendant was applied excessively higher than the actual value of the length and voluntary height of the part of the rooftop floor (based on the fixed side of the building in this case) on the upper left side of the rooftop floor (based on the fixed side of the building in this case). In addition, the construction of the building in this case does not exceed the permissible scope, the number of structural failure and response history, etc. of the building in this case shall not exceed the permissible scope.