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(영문) 대구지방법원 2020.11.04 2020나304763
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following additional portions, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.

Provided, That in the second part of the judgment of the court of first instance, the term "registration" in the second part of the judgment of the court of first instance shall be changed to "registration matters".

2. The addition;

A. The Plaintiff asserted to the effect that “A lawsuit by the first instance court’s attorney was omitted, but the lawsuit was dismissed on May 15, 2019, despite having accepted the instant lawsuit around March 18, 2019,” but it does not constitute a content that can be asserted against the Defendant.

B. The exclusion period for the seller's warranty liability is not the period of release from the court after the exercise of rights other than the trial. Thus, even if the Plaintiff filed the instant lawsuit after the lapse of six months from the date on which the Plaintiff became aware of the defects in the real estate of this case, it may be deemed that the claim should be dismissed rather

However, even if seen above, the judgment of the court of first instance dismissed only the plaintiff in this case where only the plaintiff appealeds the judgment of the court of first instance under the principle of prohibition of disadvantageous alteration, and it cannot be said that the plaintiff's claim is dismissed. Therefore, the plaintiff's appeal

3. If so, the judgment of the court of first instance is just, and the defendant's appeal is dismissed.

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