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1. The appeal filed by the plaintiff and the selected industrial development company shall be dismissed, respectively.
2. The Plaintiff and the Plaintiff out of the appeal costs.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments to the new argument of the defendant in the trial of the court of first instance. Thus, it is citing it as it is in accordance with the main sentence of
2. The Defendant and the appointed party asserts that the instant lawsuit should be dismissed, since the Plaintiff filed the instant lawsuit from September 201 to September 1, 201, which was the exclusion period for warranty against defects, since the Plaintiff had been handed over the said building from the selector who was awarded a contract for the construction of the building C to the contractor for the substantial repair of the building C.
According to Article 671 of the Civil Act, with respect to the warranty liability for a contractor for land, a building, or any other structure, the exclusion period is five or ten years according to the type of structure, and Article 670 of the Civil Act stipulating the exclusion period for one year is not applicable to the contractor for a building. (See Supreme Court Decisions 87Meu2083, 2084, Mar. 8, 1988; 96Da44242, Feb. 14, 197; 96Da4242, Feb. 14, 1997; and the purport of the entire arguments as a result of appraisal by the appraiser E of the first instance trial. In full view of the above facts, the Plaintiff filed a lawsuit against the Selection on February 21, 201; and the Plaintiff completed the lawsuit against the Plaintiff on February 21, 2011; and it is recognized that the Plaintiff appointed the constructor on February 21, 2013.
According to the above facts, Article 670 (1) of the Civil Code does not apply to the exclusion period of the right to claim damages in lieu of the defect repair of the above building, and the defendant's above assertion is without merit under the premise that the exclusion period of one year under the above provision has expired.
3. The final bidder shall be the Plaintiff.