1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning for this court’s explanation is the same as the corresponding part of the judgment of the court of first instance, and thus, this part of the judgment is cited by the main text of Article 420 of the Civil Procedure Act.

2. The Defendant asserted that the instant construction project caused damage, such as rupture and fluence, etc., due to the Plaintiff’s assertion. According to the instant change agreement between D (the Plaintiff’s mother, the Plaintiff’s mother, and the Plaintiff succeeded to the rights and duties pursuant to the instant change agreement by purchasing the instant building) and the Defendant, the Defendant is obligated to implement the repair work for CBD common areas (hereinafter “construction work for maintaining common areas”) (hereinafter “construction work for maintaining common areas”).

The plaintiff notified the defendant to perform the repair works for the section for common use within the fixed period, but the defendant delayed the performance of the repair works for the section for common use, and the plaintiff shall terminate the modified agreement of this case.

Therefore, since the agreement on the amendment of this case was terminated, the plaintiff can seek compensation against the defendant for the fence rupture, parking lot floor rupture, and building joint damages (hereinafter “damage for joint use”). The defendant is obligated to pay to the plaintiff the damages for common use amounting to 42 million won and the damages for delay from the delivery date of the copy of the complaint of this case.

2. Determination on the defense prior to the merits

A. 1) The res judicata effect of a judgment in a lawsuit extends to a defect in the requirements for a lawsuit established in that judgment (see, e.g., Supreme Court Decision 97Da25521, Dec. 9, 1997). 2) In a case where there is a change in circumstances inconsistent with the judgment in the previous suit due to a new reason that occurred after the closing of argument, the effect of res judicata is interrupted (see, e.g., Supreme Court Decision 2016Da22149, Aug. 30, 2016).

Judgment

1) Evidence No. 9 (including branch numbers)

hereinafter the same shall apply.

According to the statement, 1. D.