(영문) 서울고등법원 2018.12.14 2017나2045828

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(영문) 서울고등법원 2018.12.14 2017나2045828

양수금

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1. According to the extension and reduction of claims by this court, the judgment of the first instance is modified as follows:

Reasons

1. The reasoning for this part of the underlying facts is as stated in the corresponding part of the judgment of the court of the first instance, except in the following cases: therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 3, Section 7, "C", and "C", of Section 2 below, are hin and hin in paragraph 3 below.

Part 3 "B" out of the total 253 households of 253 households and "B" out of the total 253 households and "W" up to 248 households.

Part 3, 12 "B" with a total of 18,238.84m2m2 "B" with a total of 20,296m2m2 "ro, 13m2" with a total of 18,238.92m2m2 "ro, 13m2" with a total of 12m20,000m2.

Part 3, the 15th to 17th parts are as follows:

[Grounds for Recognition] Unsatisfy, Gap evidence 1 through 19, 22 through 32 (if any, including a serial number; hereinafter the same shall apply)

Each entry of the first instance court and that of the first instance appraiser B (hereinafter referred to as “appraisal”);

As a result of the appraisal, the result of the fact-finding inquiry about the appraiser of this Court on the appraiser of this Court (hereinafter referred to as the result of the appraiser's appraisal, and the result of each inquiry on the appraiser of this Court conducted by the court of first instance and this court, and the result of the fact-finding inquiry about the appraiser of this Court "the result of this case" in total.

(i) the purpose of the entire pleadings;

2. According to the gist of the Plaintiff’s assertion, 665,978,029 won (i.e., the defect repair cost of the instant apartment section for common use, 323,464,276 won (the cost of the defect repair of pipes, 342,513,753 won), and the cost of the defect repair of the instant apartment section for common use is KRW 217,958,617.

Meanwhile, the amount calculated by multiplying the repair cost of the portion for common use of the apartment of this case by the transfer ratio of the instant claim (=65,978,029 won x 20,296 m20,720 m20,720.12 m2) is 652,375,69 won, and the sum of the repair cost for the portion for exclusive use by the transferor of the instant apartment of this case is 215,867,925 won.

Therefore, the defendant is the seller of the apartment of this case.

참조조문

-민사소송법 제420조

유사 판례

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