(영문) 서울고등법원 2016.04.29 2015나29918

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줄 간격

자간(%)

(영문) 서울고등법원 2016.04.29 2015나29918

하자보수보증금

Text

1. The following portion of the judgment of the court of first instance against the Defendant Magios Korea Co., Ltd. shall be paid additionally:

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, since the reasoning of the judgment of the court of first instance is the same as that of the Defendants among the reasons for the judgment of the court of first instance, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

(a) Decision of the court of the first instance (d) 5 pages; and

Part of the paragraph (from the fifth to the sixth 16th ) shall see as follows:

[1] Of the total number of households 1,363 households of the main complex building of this case, the Plaintiff acquired the claim for the repair of defects and the other damage claim in lieu thereof from the sectional owners (hereinafter “transfer household of this case”) of 91 households among the total number of 1,363 households of the main complex building of this case (six households with respect to one-half shares among co-owners, one-half shares among co-owners, and one-fourth shares among co-owners), pursuant to Article 9 of the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 11555, Dec. 18, 2012; hereinafter “former Act”), the Plaintiff received the claim for the transfer of defects and the other damage claim in lieu thereof from the main complex building of this case from November 2014 to December 21, 2014, and notified the transfer of the claim to the Defendant 13rd generation of the foregoing notification of the transfer of claims to the Defendant 21,2014.

The grounds for such determination are as set out in the part "3. Judgment on the assignment of claims" among the grounds for the judgment of the court of first instance.

2. The number of units, size of section for exclusive use, and defect repair expenses of the section for exclusive use of the assignment household of this case

2. The current status of the assignment of claims is as stated in the judgment of the court of first instance.

참조조문

-민사소송법 제420조

-집합건물의 소유 및 관리에 관한 법률 제9조

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