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(영문) 대법원 2015.02.26 2014다70535
하자보수비
Text

All of the defendant's appeals are dismissed.

All of the plaintiffs' appeals are dismissed.

The costs of appeal are assessed.

Reasons

1. The defendant's grounds of appeal are examined.

With respect to the grounds of appeal Nos. 1 and 2, the lower court, on the grounds as indicated in its reasoning, determined that the Defendant, practically, constitutes a “person who constructed and sold a building” under Article 9(1) of the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 6925, Jul. 18, 2003; hereinafter referred to as the “former Aggregate Buildings Act”) and thus, is liable to the Plaintiffs for warranty.

Examining the records in light of the relevant legal principles, this judgment of the court below is just and acceptable.

In doing so, there is no error by misapprehending the legal doctrine on the subject of warranty liability under Article 9(1) of the former Aggregate Buildings Act, or omitting judgment without exhaust all necessary deliberations.

B. Upon examining the records as to the third ground of appeal, it is reasonable to view that the court below is an appropriate remuneration method after removing the whole building stones of the outer wall rather than the repair method of the Defendant’s diversing agents, etc., as stated in its reasoning, to recognize the Defendant’s compensation amount based on the result of the first instance

In so determining, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles on the scope of damages.

2. We examine the dismissal of the plaintiffs.

The time limit to file an incidental appeal should be deemed to be until the expiration of the time limit for submitting the appellate brief corresponding to the time of closing argument in the appellate court.

(See Supreme Court Decision 2006Da10439 Decided April 12, 2007, etc.). According to the records, it is evident that the plaintiffs filed an appeal against the plaintiff after the lapse of 20 days from the date on which the notice of receipt of the records of appeal was served on the appellant, and thus, the incidental appeal by the plaintiffs is unlawful, and the defects cannot be corrected.

3. Therefore, all appeals by the defendant are dismissed, and plaintiffs are dismissed.

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