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(영문) 서울고등법원 2016.07.08 2016나2006130
손해배상(기)
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and thus, this case is cited by the main sentence of Article 420 of the Civil Procedure Act, except for the following reasons.

In Part III, the following shall be added to the last place of conduct:

In the lawsuit of claiming the return of the sale price, etc. filed by another purchaser of the apartment of this case against Drhz, etc., the Supreme Court (2013Da5206, etc.) held that the judgment of the court below rejecting the plaintiffs' claim on the ground that " even if there exist the same defects as the court below acknowledged in some households of the apartment of this case, the defect constitutes a serious defect in the structure, function, and utilization of the apartment of this case, and it does not seem to have reached a considerable obstacle to the plaintiffs' occupancy and use of the apartment of this case, as it constitutes a serious defect in the structure, function, and utilization of the apartment of this case, and just because such defect exists, it is difficult to see that approval for use of the apartment of this case in the ancient market of this case is null and void as a matter of course." In the 7th page, the court below added

“The damages for which the plaintiffs seek is not only, but also, are damages for which the plaintiffs confiscated the sales contract due to the cancellation of the sales contract for reasons of the plaintiffs’ non-performance of obligation to pay the sale price. It is difficult to view that the above damages fall under ordinary damages due to the disposition of the defendant market, or that the defendant knew or could have known that the above damages occurred to the plaintiffs due to the disposition of this case, and there is no proximate causation between the disposition of this case and the above damages

2. In conclusion, the judgment of the first instance is legitimate, and the plaintiffs' appeal is dismissed. It is so decided as per Disposition.

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