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(영문) 대전고등법원 2018.06.20 2017나15483
분양대금 반환 등 청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the defendant, and those resulting from the intervention in the appeal.

Reasons

1. The court's explanation concerning this case is identical to the part of the judgment of the first instance except for the supplement of judgment as set forth in the following paragraph (2). Thus, the court's explanation as to this case is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Supplement of judgment

A. The plaintiff asserts that the contract of this case is cancelled because it is not possible to operate the business due to the leakage of the building of this case. Accordingly, the defendant asserts that the reasons for the plaintiff's assertion do not constitute a serious reason to the extent that the contract is rescinded, and that the repair

(b) The following facts are recognized if the evidence at the first instance court of the first instance and the statements or images of Gap 16 to 18, and the purport of the whole pleadings as a result of the on-site inspection in this court, and the evidence of Eul 4 to 7 do not interfere with its recognition:

The building of this case is directly related to both men and women.

The Plaintiff discovered water leakage in the instant building, and requested the management office around February 4, 2016 and March 23, 2016 to perform repair works.

On April 11, 2016, the Intervenor sent the official door to the management office for the execution of waterproof construction.

The Intervenor joining the Defendant carried out a waterproof construction work at least three times in 2017, but the water leakage phenomenon continued, and the management office has continued to file a water leakage report.

Nevertheless, the Defendant or the Intervenor’s Intervenor completed the waterproof Construction.

Only repeats the assertion that it will be completed immediately.

In order to confirm leakage through on-site inspection, this court demanded that the above garrising and bathing will be carried out in advance, but not carried out in the field, and as such, the above garrising and drinking water was not carried out in a situation where the above garrising and drinking water can only be carried out for the purpose of repairing the above garrising and old arris.

The building of this case and the building of this case can not be used normally due to the discovery of water leakages at the place of the ceiling.

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