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(영문) 부산고등법원 2018.11.07 2017나56745
하자보수금 등
Text

1. The judgment of the court of first instance is modified as follows. A.

The defendant shall pay to the plaintiff KRW 884,196,314 and its amount.

Reasons

The reasoning of the judgment of the court of first instance, which partially accepted the part of the judgment, is that the judgment on the basic facts, the determination on the occurrence and scope of defects, and the judgment on the claim for damages caused by the nonperformance of obligation under the contract for sale in lots, among the reasons of the judgment of the court of first instance, shall be from the date of the judgment of the court of first instance to the second nine to the sixthth sixth day of the judgment on the claim for damages caused by the nonperformance of obligation under the contract for sale

In addition to the dismissal or addition as set forth in paragraph (2) below, it is identical to the above part, and thus, it shall be quoted pursuant to the main sentence of Article 420 of the Civil Procedure Act. The part to be dismissed or added is as follows: 5 to 8th below the third day of the judgment of the first instance.

1) Of the sectional owners of the instant building 199 households, 196 households, assigned the Plaintiff the right of notification in sequential order to claim damages in lieu of defect repair that the Defendant had against the Plaintiff. Of the sectional owners of the instant building, 174 households from June 2015 to January 16, 2017, and the remaining 22 households from January 2018 to August 2018, which was the first instance judgment, transferred the right to claim damages to the Plaintiff from January 2018 to August 2018, which was the first instance judgment, and around that time, the notification of the assignment of claims to the Defendant was issued.

"The details of the cost of repairing the defects of a household that did not transfer the right to claim compensation in lieu of the defect repair among the sectional owners of the building of this case among the sectional owners of the building of this case are as follows: "The details of the cost of repairing the defects of a household that did not transfer the right to claim compensation in lieu of the defect repair among those of the sectional owners of the building of this case are as shown in attached Table 2 of the judgment of the first instance. The details of the cost of repairing the defects of a household that did not transfer the right to claim compensation after the pronouncement of the judgment of the first instance are as shown in attached Table 2 of the judgment of the first instance.

as described above, the claim is transferred.

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