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(영문) 서울고등법원 2017.06.16 2016나2080039
하자보수금등
Text

1. The judgment of the first instance court shall be modified as follows upon a claim that has been reduced and added in the trial.

The defendant.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment is as stated in the reasoning of the judgment of the court of first instance, except for the Plaintiff’s determination as to the part disputing as the grounds for appeal, and thus, it is cited by the main sentence of Article 420

2. Additional determination

A. After the judgment of the court of first instance on the gist of the grounds of appeal, the Plaintiff was transferred from the sectional owner of the instant apartment 14 households the damage claim in lieu of the defect repair that occurred in the instant apartment, and notified the Defendant of the transfer.

Since the damage claim in lieu of the defect repair in the apartment of this case by the owner of the above 14 households is calculated as KRW 16,579,217, the defendant is obliged to pay the above amount and the damages for delay to the plaintiff.

B. Determination 1) The facts are as follows: 442,174,132 won; 4,737,293 won necessary for the repair of defects occurred in the section for common use of the instant apartment; 201,730 won for the cost of repairing defects in the section for common use of the instant apartment; 371,330 won for the cost of repairing defects in the section for exclusive use of the instant apartment under 1301; 236,021 won for the cost of repairing defects in the section for exclusive use of the instant apartment under 204,201,204, 204, 201, 201, 204, 206, 201, 204, 206, 14, 206, 1204, 201, 206, 201, 204, 206, 201, 206, 204, 2014, 206, 14.

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