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(영문) 의정부지방법원 2020.05.21 2019나210650
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the reasoning of the judgment of the court of first instance, except where the following judgments are added with respect to the grounds for appeal by the plaintiff, and thus, they are cited by the main sentence

2. Determination on the grounds for appeal

A. The Plaintiff’s gist of the Plaintiff’s grounds of appeal asserts that the court of first instance has paid KRW 73,332,50 as the pre-paid construction cost for each of the instant housing units, and that it was erroneous for the court of first instance to recognize only KRW 29,33,020, which is equivalent to 40% of the above amount, as the pre-paid construction cost.

B. Determination: (1) With respect to the pre-sale construction cost of each house of this case, the Plaintiff failed to submit the specific construction content and its content until the closing of argument in the appellate trial of this case; (2) comprehensively considering the appraisal result of the first instance appraiser D and the fact inquiry result of the court of the first instance on the above appraiser, the part of the pre-sale construction cost claimed by the Plaintiff as above is included in the pre-sale construction cost; and (3) The part of the pre-sale construction cost of the pre-sale construction cost of each house of this case excluding the portion of the pre-sale construction cost of the entire site : [10] 6 (951,000) and / [11] 30,271,000 won (5,515,000 won) excluding the portion of the pre-sale construction cost claimed by the Plaintiff 40% of the pre-sale construction cost, the Plaintiff’s assertion that only the above construction cost is reasonable.

3. Thus, the judgment of the court of first instance which partially accepted the plaintiff's claim of this case is justifiable. Thus, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

On the other hand, the defendant filed a lawsuit against the plaintiff on June 15, 2018 for the payment of the construction price of each of the instant housing units.

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