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(영문) 서울중앙지방법원 2017.08.17 2014가합592382
하자보수비 등 청구의 소
Text

1. The Plaintiff:

A. As to Defendant Altrag Industry, KRW 634,626,267 and KRW 101,00,000 among them, the capital industry shall be KRW 634,626,267.

Reasons

In light of the above legal principles, the court below erred by misapprehending the legal principles as to the construction of the apartment of this case, which affected the conclusion of the judgment, as otherwise alleged in the ground of appeal. It did not err by misapprehending the legal principles as to the construction of the apartment of this case, as otherwise alleged in the ground of appeal.

However, it is difficult to view the relevant item as a defect in light of the following: (a) the water tank part does not carry out the mast; (b) the Y-1st part of the A-600 (materials Finishing Table) and the Y-1st part of the Y-606 (Franchising surface map of underground water reservoir) of the apartment-use approval drawing of this case; and (c) the water tank cannot be deemed as a defect in its function, aesthetic, and safety due to non-construction of the water tank at a place where the passage of the occupants is restricted.

Despite the fact that the standard size of the door frame of the stairs room was indicated 180*40 on the apartment-use approval map of this case, the appraiser changed and constructed the door frame to 100*60 on the apartment-use approval map of this case constitutes a defect in construction.

However, in the meantime, the appraiser determined that there is no functional defect even in the current construction of the door frame, and there are no other circumstances to deem that the modification of the door frame specification causes functional, aesthetic, and safety impairment. Therefore, considering such circumstances, it is difficult to deem the relevant item as a defect.

An appraiser who lacks to start back the wall of the bathing room 78 Before the removal of the wall is deemed to have been constructed with 81.72% of the back of the wall of the bathing room and 18.38% of the total amount of the back of the wall of the bathing room.

① However, in light of the characteristics of the new method of construction, it is difficult for the front side of the apartment of this case to be left unfolded, unlike the voltage starting law, and ② the cause of the defrating the defrating of the defrating force is back and the confrating strength.

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