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(영문) 서울고등법원 2017.08.31 2016나2082608
하자보수에 갈음하는 손해배상 등
Text

1. Of the judgment of the court of first instance, the Plaintiff’s money, which orders additional payment, is constructed by Defendant Barun.

Reasons

1. The reasoning of this part of the underlying facts is as follows, and this part is cited by the main text of Article 420 of the Civil Procedure Act, except for modification as follows.

The fifth [Attachment 2] and the same side of the judgment of the first instance shall be amended as follows:

[Attachment 2] The total cost of repairing Defects for the 10-year 10-year 2nd 3 years following the previous pre-use inspection (pre-use inspection 318,598,186 45,089,369 206,076,627,627,941,568 93,04,819 36,927,006 27,510,431,185,188,006 sections of exclusive use 80,761, 270371,549,964238,878,4048,40,5368,49,539,47,9638,4639,539,5639,47,585,9639,47,539,539,47,539,4639,539,5,637

D. The Plaintiff’s acquisition of the damage claim in lieu of the Plaintiff’s defect repair, etc. 1) The Plaintiff is 658 households among the total 761 households of the instant apartment.

(2) From the sectional owners of the instant apartment, he/she acquired the damage claim in lieu of the defect repair that he/she had against the Defendant Barun Construction. Upon delegation of the authority to notify the Defendant Barun Construction of the transfer of the transfer of the relevant claim, he/she notified the Defendant Barun Construction of the fact of the transfer of the transfer of the relevant claim on June 24, 2015, around September 21, 2015; around September 21, 2015; and around January 25, 2016, around January 25, 2016, he/she reached Defendant Barun Construction, respectively. 2) The total sum of the deposit area of the transfer of the instant apartment is 70,140.50 square meters; and the ratio occupied by the total sum of the deposit area of the instant apartment is 80,957.1 square meters (=70,140.50 square meters ¡À§ 80,957.11 square meters x x 1000 square meters).

3) 646,072,231 won (total cost of repairing the defects of the entire section of exclusive ownership 743,861,005 won - the cost of repairing the defects of the portion of exclusive ownership owned by the assignee of the instant claim - KRW 97,788,774 won for the cost of repairing the defects of the portion of exclusive ownership owned by the 103 household that has not been transferred, and [Attachment 3] -

2. The occurrence and scope of defects;

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