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(영문) 서울고등법원 2016.11.30 2016나2025643
하자보수보증금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows. As to the assertion that the Defendant emphasizes or added at the trial, the court shall cite the Defendant’s motion for the return of provisional payment pursuant to the main sentence of Article 420 of the Civil Procedure Act, i.e., the reasoning of the judgment of the court of first instance, except for those determined in paragraph (3) below.

According to the 6th judgment of the first instance, the term “470,212,956 won” as “439,864,666 won,” and the term “68,96,972 won” as “638,618,682 won,” and “63,649,028 won” as “603,30,738 won,” respectively.

"Items 3-3, public 4-1-2, public 5-9, public 11-14, public 17-2, public 18, public 21-2, public 21-24, public 32, public 41, public 45, public 52-59, public 63, and 64, public 4-1-2, public 5, 21-2, 24, 41-24, 41, 45, 50, 52-5, 57-5, 63, and 64, public 4-2, public 5, 13-2, 21-24, 41, 45, 50, 52-5, 57-59, 63, and 64."

On the 9th judgment of the first instance court, the part of the “the apartment of this case was in a position of the majority of households for one to two years after the pre-use inspection,” which stated that the apartment of this case was in a state of being occupied by a person who is not a sectional owner for one to two years after the pre-use inspection, or was in a state of being in a public room.

From 12 to 13 pages of the judgment of the court of first instance, the part of the "(public 26) items" in the table of the 12th to 13th is deleted, including the part of "a summary of the defendant's assertion" and "judgment" in the complex.

The part of the first instance judgment 17th to 2th, 17th, 17th to 2th, “In particular, the apartment of this case was in a position of 1 to 2 years after the use inspection,” and the part of “the apartment of this case was in a position of 1 to 2 years after the use inspection,” i.e., that the majority of households, other than sectional owners, moved in, or were in a position of putting in, a position of 1 to 2 years after the use inspection.”

17 pages 10 of the first instance judgment.

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