(영문) 서울고등법원 2018.12.20 2018나2026893

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.12.20 2018나2026893

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasons why the court shall state this case in this case are as stated in the following paragraph (2). Thus, the reasons why the court shall accept this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase "attached Form 1" in attached Form 16 of the judgment of the court of first instance in attached Form 3 of the judgment of the court of first instance shall be read as "attached Form 1", and the phrase "attached Form 2" in attached Form 17 shall be read as "attached Form 2 changed from the appellate court".

Part 4 of the judgment of the court of first instance shall be used in accordance with the following Forms 1 through 12, and Part 5 of the judgment of the court of first instance shall be filled with "Evidence 1 through 7 of A" with "Evidence 1 through 10 of A".

C. 1) Of the 889 households of the apartment of this case (254 households sold in lots), 239 households [the list of specific assignment households shall be the same as those indicated in the name of the assignment households of the first instance court, and the appellate court, and hereinafter “transfer household of this case”) changed in the appellate court, respectively, transferred the damage claim in lieu of defect repair to the Plaintiff, and delegate the authority to notify the assignment of the claim in lieu of defect repair, and the Plaintiff notified the Defendant of the fact that each of the above assignment of claim was notified.

(2) The Plaintiff’s portion of exclusive ownership is 21,964.44m2, which is a total of 60,280m2, and 36.43% of the total area of exclusive ownership of the entire apartment units of this case (=21,964m2, 60, 280.11m2 x 10 m2, 100 m2,000 m2,000 m2,000,000 m2,000 m2,000,000 m2,000 m2,000 m2,00,000 m2,000 m2,00

The detailed details of the cost of repairing defects in the section for exclusive use by household are as follows. The revised repair cost (except for exclusive use 16) is written in the attached Table 4, which changed from the appellate court.

참조조문

-민사소송법 제420조

유사 판례

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-춘천지방법원원주지원 2013.04.04 2012가합19

-서울북부지방법원 2018.12.13 2014가합26129