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(영문) 부산지방법원 2018.07.12 2017나46042
공사대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On August 14, 2014, the Plaintiff: (a) purchased a building No. 3901 (hereinafter “instant apartment”) No. 104-dong No. 3901 (hereinafter “instant apartment”) from Defendant New century Construction Co., Ltd. (hereinafter “Defendant Construction Company”); and (b) occupied the building around that time; and (c) completed the registration of ownership transfer in the name of the Plaintiff on September 29, 2014.

B. After the Plaintiff moved into the instant apartment, the Plaintiff entered into a contract for the installation of a system with the Undo Mutual Assistance Co., Ltd. (hereinafter “Defendant Mutual Assistance Co., Ltd.”), and the Defendant Mutual Assistance Co., Ltd established a system in each of the instant apartment inside, living room, small area, etc. under the said contract.

C. Of the indoor balconys of the instant apartment building (hereinafter “balcony”), the outdoor equipment room installed a ceiling and floor of an apartment with a top door, and a joint superior manager is installed. At the bottom of the apartment, several joint equipment rooms are covered with a cover that can be excavated and opened and closed.

At the time of the installation of air conditioners in the system, the Defendant Mutual Aid Company established an air conditioners, such as excellent pipes (attached Form 1) and air conditioners photographs, and did not directly connect the air conditioners with the joint excellent pipes.

The apartment bank of this case and the second small bank of the apartment of this case caused a phenomenon such as fung in the string wall, fung in the string wall, and scoconsing the scocon (hereinafter “the instant water leakage phenomenon”) with scoconsing the scocons, etc., and the specific pattern (attached Form 2) is the same as each image of the water leakage phenomenon of this case, and the scope thereof and the structure of the apartment of this case are as shown in attached Form 3 [Attachment 3].

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 and 5, part of the appraisal result of the first instance appraiser D (including the fact inquiry result of the above appraiser of this court to supplement the appraisal), the purport of the whole pleadings

2. The plaintiff's defense mutual assistance company.

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