logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.10.04 2018나2060824
손해배상 등 청구
Text

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

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of the lower court’s citing the judgment of the first instance is as stated in the reasoning of the judgment of the first instance, except for the following modifications or additions, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

6 pages 5 of the judgment of the court of first instance (hereinafter referred to as "appraisal") shall be appointed as "F of the first instance trial appraiser."

The 5th judgment of the court of first instance is amended from 9th to 7th 7th . (A. 1, 2, and 3th ..) (the above argument by the Defendants is without merit) as follows.

[1] On October 6, 2014, D] The Plaintiff and the instant apartment on October 6, 2014, when performing the defect repair work, agreed that the Defendant B and D’s liability for the defect repair and the Defendant’s liability for the guarantee of the defect repair was exempted. Since the Plaintiff received a certificate of completion of the defect repair less than 3 years from the Plaintiff after the completion of the defect repair work, the Defendants’ liability for the portion less than 3 years of the instant apartment, among the defects that occurred in the instant apartment, was extinguished according to the above agreement. (B) Even if the Plaintiff did not have the authority to dispose of the right to claim damages in lieu of the defect repair at the time of the agreement on the completion of the defect repair, or did not obtain the consent of the sectional owners, it would be contrary to the principle of good faith that the Plaintiff acquired the right to claim damages in lieu of the defect repair by the sectional owners during the instant lawsuit, and that the said agreement has no effect on the Defendants at the time when it was possible to waive the right to claim the defect repair.

C. Preliminaryly, if the agreement on the termination of defect repair between the plaintiff and D does not reach the claim for damages replacing the defect repair of the sectional owners, the plaintiff was not required to obtain ratification from the sectional owners pursuant to Article 135 of the Civil Code, as an unauthorized representative of the sectional owners.

arrow