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(영문) 서울중앙지방법원 2020.10.28 2017가합523837
하자보수보증금 등 청구의 소
Text

The plaintiff's 44,293,005 won and damages for delay against defendant B.

Reasons

(a) are natural phenomena occurring by life expectancy and defects occurring one year after the exclusion period;

[Attachment] According to the appraiser's appraisal supplement of July 14, 2020, it cannot be deemed that the garment, etc. of finishing materials occurred in the passage and parking section continuously coming from the vehicle. According to Gap evidence 5, since the plaintiff's report on the repair request list sent to the defendant Eul around April 30, 2013 includes the "heat, etc. of the floor level of the underground parking lot" in the list of the defect repair request list sent to the defendant Eul around April 30, 2013, it is a defect that occurred within

[Supplementary appraisal] Damage andtering of the vertical pipe connected [Defendant] cannot be viewed as common defect. Thus, only KRW 8,250,000 paid by the Plaintiff for the repair of the household that occurred, should be recognized as the defect repair cost.

[Attachment] According to the result of the additional appraisal by the appraiser, the confirmation work of the vertical piping in which a water leakage phenomenon has occurred is confirmed as a result of the verification work of the vertical pipeline connected to the living sewage pipe, which is 100*50 sextia pipeline connected to the pipes, and it cannot be deemed unreasonable to determine as a water leakage phenomenon due to tearing, and thus, it is recognized as a common defect.

[Attachment 003] The difference between construction cost and construction cost on the basis of 100% from the rear level is merely 68% of the lower level of the lower level of the wall of a bath room / [Plaintiff] The lower level of the lower level of the lower level should be recognized as the repair cost. Thus, KRW 32,662,032 should be recognized as the repair cost.

[Rejection of Claim] Considering that the degree of rearness under the Building Technology Guidelines exceeds 80%, it is reasonable to view the difference between 80% of the rearness level and the material cost of 68% of the rearness level executed by Defendant B as the cost for repairing defects of KRW 3,914,546.

[Supplementary public 11, 12] The number of community leakages and the number of walls for the collection of parking lots / [Plaintiff] The defects of water leakage in this part caused great inconvenience to the occupants in their daily lives, and the plaintiff paid the pre-payment before the appraisal.

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