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(영문) 서울고등법원 2016.06.24 2015나2069684
양수금 등
Text

1. Of the judgment of the first instance court, the part against the Defendants in the judgment is modified as follows.

The plaintiff's Dol Construction.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) part of the part from "the plaintiff" to "the 37, 10, 38, 10, 37, 37, 28, 8-2 of the grounds for the judgment of the court of first instance is modified as follows 2-(b), 8-1 of the grounds for the judgment of the court of first instance are as follows 2-2(c); (b) are added to the part subsequent to the 45, 45, 45, 3 of the judgment of the court of first instance; and (c) the attached part of

1. In addition to deletion of “(five-year warranty period)” among the description in the column for construction of partial disability in the height of each roof 24-24 of the joint-use area by the period of defect repair liability, it is identical to the part against the Defendants in the reasoning of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The changed part

A. On March 24, 2014, the part of the first instance judgment from the 37th to the 38th 10th 6th 10th am from the Plaintiff’s “Plaintiff” to the 38th am from the owner of the instant apartment on March 24, 2014, and the Plaintiff transferred the damage claim in lieu of the defect repair from the owner of the instant apartment on behalf of the instant reconstruction association in subrogation of the instant reconstruction association, submitted to the court of first instance on March 26, 2014 an application for alteration of the purport of the claim and the cause of the claim, which included the intent of the instant reconstruction association to exercise the damage claim in lieu of the defect repair that the instant reconstruction association had on behalf of the owner of the instant apartment on March 24, 2014, is obvious. Accordingly, since the period was more than three years after January 27, 2011, the date of approval for the use of the instant apartment, the warranty period of the Defendant Construction Liability expires due to the expiration of the exclusion period.

The plaintiff, on behalf of the reconstruction association of this case, intent of the reconstruction association of this case to exercise the damage claim in lieu of defect repair in relation to the construction of defendant Barun.

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