logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.12.11 2014나18805
손해배상 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The reasoning of this part of the reasoning of the judgment of the court of first instance is the same as that of Paragraph 1 of the same Article, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 4

2. Determination as to whether liability for nonperformance of obligation or liability for defect liability for the sale in lots has been established and the scope thereof (related to public use 97 through 145, and exclusive oil 19 through 23);

A. The reasoning of this part of the plaintiffs' assertion is that of the judgment of the court of first instance.

Since it is the same as the statement in the claim, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Relevant legal principles 1) It is acknowledged that an apartment unit sold in lots meets the contractual quality or character that it should normally meet in transactions, such as the standards for housing construction under the Housing Act, if the apartment unit sold in lots can be held under a special agreement between the parties concerned (see, e.g., Supreme Court Decisions 2008Da9358, 9365, Aug. 21, 2008; 2007Da9139, Apr. 29, 2010). Determination of defects should be made by comprehensively taking into account the following: (i) whether the apartment unit was constructed as designed; (ii) whether the apartment unit was constructed as designed; and (iii) whether it conforms to the standards prescribed in housing-related Acts and subordinate statutes; and (iv) whether the project owner’s project approval drawings are not submitted to the person authorized to approve project plans to obtain approval for the housing construction plan and are not publicly announced with basic design drawings; and (iii) whether the project owner’s individual construction site design or construction site design is difficult.

arrow