The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport:

1. The underlying facts of the claim and the grounds for the court’s explanation on this part of the allegations by the parties are the same as the relevant part of the judgment of the court of first instance, and thus, they shall be quoted by the main text of Article 420

3. Judgment on the plaintiff's claim

(a) The term "defect in a building" means a structure or functional defect different from the contents of a contract for a construction project in general completed building, or a defect that has not been properly equipped with quality ordinarily required in light of trade norms;

(see, e.g., Supreme Court Decision 2008Da16851, Dec. 9, 2010). In cases where defects are not important and excessive expenses are required for repair, the contractor may not claim damages in lieu of defect repair or damages arising from the defect, and may only claim damages arising from the defect.

(1) As to the appraiser’s appraisal result, the appraiser’s appraisal method is against the rule of experience or is unreasonable, and thus, should be respected unless there exist substantial errors, such as the appraisal method, etc. is against the rule of experience or unreasonable.

(2) According to the health class, Gap evidence Nos. 1 through 5 (No. 4 of this case’s housing units) with respect to this case’s health class, and evidence No. 2016Da276641, Jun. 29, 2017 (see, e.g., Supreme Court Decision 2016Da276641, Jun. 29, 2017) (the evidence No. 4 of this case’s housing unit No. 2018Da4392, etc.) (the appraisal statement prepared by an appraiser for a claim for construction cost, such as defect No. 2018GaDa4392, etc.) with respect to the neighboring housing unit and the defendant, the evidence No. 4 of this case’s housing unit contains any defect as indicated in No. 2 or No. 11 of the table below, and the amount of the defect repair cost therefrom’s defect repair registration statement (the amount of damage equivalent to the cost of repair due to defect) is acknowledged as follows.