(영문) 서울고등법원 2020.01.31 2019나2005459

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(영문) 서울고등법원 2020.01.31 2019나2005459

양수금

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1. The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

The defendant.

Reasons

1. The reasons for this part of the basic facts are as stated in the corresponding part of the judgment of the first instance (section 3 of the judgment of the first instance) except for the submission or addition of some parts as follows, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or additional parts] From Nos. 1 to 8 of the judgment of the court of first instance ("the part concerning the acquisition of the plaintiff's damage claim") shall be as follows.

D. The Plaintiff’s damage claim acquisition 1) The Plaintiff acquired the damage claim in lieu of the defect repair of the instant apartment from the sectional owners of 761 households among 859 households of the instant apartment, and notified the Defendant of the delegation of the authority to notify the assignment of the claim and the notification thereof to the Defendant.

Before the closing of pleadings in the first instance trial, 715 households and 46 households transferred their claims to the Plaintiff after the closing of pleadings in the first instance trial.

The above 761 household units are "the household that transfers claims".

(2) As above, the size of the portion of exclusive ownership of the 761 household that transferred the damage claim due to the defect is 65,730.18 square meters in total, and the ratio occupied by 74,404.56 square meters of the entire area of the instant apartment complex is 88.33% (the size of the entire area of the instant apartment complex is less than two decimal places; hereinafter the same shall apply). The specific details are as follows: (a) the total ratio of the area of the area of the household of the household that is located in the household that is located in the instant apartment unit to the first instance court of 715.61,848.21; (b) the assignment of the claim is 463,881.97.5.21, May 21, 208.

"Nos. 162 through 195 of the judgment of the first instance" shall be added to "the ground for recognition".

2. Determination on the occurrence and repair of defects

A. The section for exclusive use and the section for common use of the apartment of this case, except for the defects of the 1st heading pipe pipes, shall be as shown in attached Form 1.

참조조문

-민사소송법 제420조

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