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(영문) 서울고등법원 2021.03.10 2020나2002982
하자보수금 등
Text

All appeals filed by the Plaintiff and the Defendants are dismissed.

2. Of the costs of appeal, the costs of appeal by the Plaintiff are assessed against the Plaintiff.

Reasons

1. The reasons for the conclusion of the judgment of the court of first instance concerning this case are as follows. As to the allegations added or emphasized by the parties in this court, the grounds for the judgment of the court of first instance are as follows, except for the addition under paragraph 3, and as to the allegations added or emphasized by the parties in this court, the remaining arguments, other than those stated in paragraph 3, are cited as they are in accordance with the main sentence of Article 420 of the Civil Procedure Act (in accordance with the evidence duly adopted by the court of first instance and examined by the court of first instance, it is legitimate to recognize and determine the facts of first instance). The part of the judgment of the court of first instance, which was used on February 2, 19, "Defendant B", "Defendant E," and "Defendant F," both, "Co-Defendant E, of the court of first instance," and "Co-Defendant F, Defendant E," respectively.

Under the fourth page of the judgment of the first instance, “A evidence Nos. 1 through 15” was raised as “A evidence, No. 1 to 15, and No. 5” in the first instance judgment.

Under the fourth page of the judgment of the court of first instance, the "this Court" in the conduct No. 6, No. 21, No. 4, and No. 7 of the 36th page is both "the court of first instance".

Part 1 of the 9th order of the first instance judgment "Article 17 (Management earth Trust)" shall be "Article 17 (Management Land Trust)".

The 30th of the judgment of the first instance court, the 13th of the 30th of the 13th of the judgment, "the first person" shall be regarded as "the first beneficiary".

The first instance judgment of the 36th page 2, the 37th page 8-9 of the 37th page “the date of this judgment” is both “the date of the first instance judgment.”

3. Additional or supplementary judgment

A. Determination 1 on the Plaintiff’s assertion 1) The summary of the Plaintiff’s assertion [public 109] through 112] did not carry out a legitimate design change procedure as stipulated in Article 7 of the former Act on Sale of Building Units (amended by Act No. 13805, Jan. 19, 2016; hereinafter “former Act on Sale of Building Units”).

Therefore, the completion drawings concerning the above item fall under the “final design drawings for which legitimate design changes have been made”.

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