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(영문) 서울고등법원 2014.10.16 2013나2018798
양수금
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 summary of the case and the facts premised on the case

A. The summary of the case is the case where the plaintiff acquired a claim for damages in lieu of defect repairs based on Article 9 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) from the sectional owners who acquired a partitioned building in lots or succeeded to the ownership thereof, and the defendant agreed with the defendant to construct the whole seal of the outer wall of the apartment but did not perform it, and the defendant sought payment of the acquisition amount (2,14,596,263 won and its delay damages) and damages (205,689,493 won and its delay damages) due to non-performance of obligation against the defendant who is the project undertaker.

The judgment of the court of first instance accepted some of the plaintiff's claims (1,178,362,373 won and damages for delay) and dismissed the remaining claims.

The Plaintiff filed an appeal against the lost portion and filed an appeal, and the Plaintiff claimed an additional claim for damages for delay calculated by 20% per annum from January 8, 2013 to May 9, 2013 with respect to KRW 237,386,487 out of the acquisition amount. The Defendant filed an appeal against the part ordering payment exceeding KRW 936,340,101 and the damages for delay.

B. Inasmuch as the premise of fact-finding 【Ground for Recognition of Facts, without any dispute, the entry of Gap evidence 1-1-2, Eul evidence 2-2 through 5, the result of the appraisal by the appraiser C of the first instance trial, the result of each inquiry by the court of first instance and this court about the above appraiser of this court, and the result of each inquiry by the court of first instance and this court about the above appraiser of this court, the purport of the whole pleadings 1) The status of the parties to the status of the plaintiff is 10-dong A apartment of Gwangju Mine-gu 1,673

In order to manage, it is an autonomous management body composed of representatives elected by occupants under the Aggregate Buildings Act. The Korea National Housing Corporation (O. 1, 2009) was merged with the Korea Land Corporation and became the defendant.

“Defendant” is not classified before and after the merger but only called “Defendant”.

The apartment of this case was newly constructed and sold in lots.

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