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(영문) 대법원 2015.10.29 2012다23764
채무부존재확인
Text

The judgment below is reversed, and the case is remanded to the Daegu High Court.

Reasons

The grounds of appeal are examined.

1. In relation to the warranty liability of a person who has constructed and sold an apartment building, the term "defect" means that a building generally completed is a structural and functional defect different from that stipulated in the construction contract, or does not have good quality in terms of trade norms. The determination of defects shall be made by comprehensively taking into account various circumstances, including the content of the contract between the parties concerned, whether the relevant building is constructed in conformity with the design drawing, and whether the relevant building meets the standards stipulated in

(2) Article 14(3) of the Regulations on Standards, etc. for Housing Construction (amended by Presidential Decree No. 17972, Apr. 22, 2003; hereinafter “former Regulations”) provides that the floor of multi-family housing shall be built in such a way as to fully block the floor impact of each floor. However, Article 14(3) of the Regulations on Standards, etc. for Housing Construction (amended by Presidential Decree No. 2008Da16851, Apr. 22, 2010; hereinafter “amended Regulations”) provides that the floor of multi-family housing shall be built in such a way as to fully block the floor impact of each floor. However, Article 14(3) of the Regulations on Standards, etc. for Housing Construction (hereinafter “the amended Regulations”) provides that the floor level of multi-family housing shall be 5 square meters (referring to the shock level of each floor to be light, e.g., the floor impact level of each floor).

However, in determining "a structure that can sufficiently block floor shocks between each floor" as referred to in the preceding provision of the amendment, the health room and the proviso of Article 1 of the Addenda to the amended provision of Article 14 regarding whether the standard of the amended provision can be the materials to determine whether it can be the materials to determine whether the standard of the revised provision can be the materials to determine whether or not. The provision concerning light shocks in the amended provision of Article 14 enters into force

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