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(영문) 서울고등법원 2019.12.18 2018나2056887
양수금 등
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasons for this case, such as the acceptance of the judgment of the court of first instance, are as stated in the grounds for the judgment of the court of first instance (attached Form 1, 2, and 3), except for adding the judgment equivalent to that of paragraph (2), as to the assertion that the Defendants (hereinafter “Defendant Company”) add to this court, and Defendant CFF should be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Determination as to the assertion that the Defendant Company did not bear the warranty against defects in connection with defective construction of Capital, etc. 1) The summary of the Defendants’ assertion is as follows: the Construction of the instant apartment (hereinafter “instant construction”)

) T Co., Ltd. (hereinafter referred to as “T”) that was the initial contractor.

(2) The Defendant Company and the Non-Party Company concluded a contract on the completion of the entire apartment of this case around August 2010, and the evidence submitted by the Defendants alone can be deemed as excluded each apartment of this case from the scope of the Defendant Company’s construction, and there is no other evidence to acknowledge this differently, since each apartment of this case’s apartment of this case’s case’s construction was completed by the Defendant Company.

In addition, even if T has constructed each unit of apartment building in this case as alleged by the Defendants, according to the above facts acknowledged, the defendant company is obligated to complete the whole apartment building in this case without any defects. Therefore, it is reasonable to deem that the defendant company bears the warranty liability for defects in the construction of the building in this case.

Therefore, the above assertion by the defendants is without merit.

(b) [Co-ownership 28] The parts of the interior of the floor of the stairs room/ELV. Hall are defective.

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