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(영문) 서울고등법원 2016.08.26 2015나2073676
하자보수보증금등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The Korea Housing and Urban Guarantee Corporation (hereinafter "the Korea Housing and Urban Guarantee Corporation")" in Section 4 of the first instance court's decision is as follows; "The Korea Housing and Urban Guarantee Corporation (hereinafter "the Korea Housing and Urban Guarantee Corporation")"; "The Korea Housing and Urban Guarantee Corporation" in Section 4 of the first instance court's decision is as follows; Nos. 4, 8, 9, 16, 12, 18, 19, 17, 17, 8, 9, 10, 13, 15, 16, 17, 17, 8, 18, 8, 9, 10, 10, 10, 13, 15, 16, 17, 17, 17, 200, 30, 4, 7, 4, 8, and 6, 40, etc. of the first instance court's decision.

2. As to the defects in the starting drawings, the Plaintiff: (a) attached Form 1;

4. A claim that defects in the specification of defects (total repair cost of KRW 832,865,287) in the construction drawings constitute defects that have been constructed differently from the construction drawings or the project approval drawings;

[Plaintiff’s claim for exclusion of items 17 of the former and the former and current construction work 3 of the former and the former and current construction work, but according to the result of the appraisal and supplementary report (4-Defendant 2) dated June 26, 2015, each of the above items falls under the defect compared to the former and current construction work drawings). The term “defect of a building” means that a building generally completed is not equipped with any structural and functional defect different from the contents of the construction work contract, or has no quality to be equipped with ordinary terms under the transaction concept. Whether a defect is determined shall be determined by comprehensively taking into account various circumstances, such as the content of the contract between the parties concerned, whether the relevant building was constructed in accordance with the design drawings, and whether

(see, e.g., Supreme Court Decision 2008Da16851, Dec. 9, 2010). Furthermore, the project approval drawings are to be approved by the project owner to obtain approval for the housing construction project plan.

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