(영문) 부산고등법원 2021.02.04 2020나51740

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2021.02.04 2020나51740

하자보수비 등

Text

Of the judgment of the court of first instance, the part against Defendant B, which exceeds the following amount ordering payment.

Reasons

The reasoning of the judgment of the court of first instance, which accepted the judgment, is as follows. Except for the addition of paragraph 2 to the judgment on the Defendants’ assertion emphasized or newly made by this court, the reasoning of the judgment of the court of first instance is as follows (the main text of Article 420 of the Civil Procedure Act). The third side of the judgment of the court of first instance is as follows.

1) In accordance with the Act on the Ownership and Management of Aggregate Buildings, the Plaintiff is a management body that is established with all of the divided owners of 54 households in South-gu and South-gu (hereinafter referred to as “instant apartment”) as members of a group of 54 households in accordance with the said Act.

"The Council of Representatives of Residents (including the management unit; hereinafter the same shall apply)" in the fourth second sentence of the judgment of the first instance shall be added following the "Council of Representatives of Residents".

Attached Form 6 of the first instance judgment

1. The following shall be added to the table by list of defects in common areas (except for the part on the alteration of the section at the end of the construction of the road).

In the sixth part of the judgment of the court of first instance, "(s) of the judgment of the court of first instance" shall be added as follows:

The 16,990, 474, 889, 346, 636, 730, 7630, 7630, 765, 769, 16, 935, 787, 327, 349, 626, 328, 428, 7303, 76303, 769, 161, 772, 713, 17, 240, 605, 2420, 352, 375, 375, 375, 279, 279, 279, 305, 298, 205, 306, 298, 305, 207, 306, 2405, 296, 305, 294, 29636, 2536, 294.

In principle, the defendants should be determined based on the completion drawings unless there are special circumstances, and the appraiser did not recognize it as the initial defect, and the appraisal is already recognized as the defect [public 92] structure and defective construction of lightning structure.

참조조문

-집합건물의 소유 및 관리에 관한 법률

유사 판례

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-서울고등법원 2015.04.16 2014나2031583

-부산고등법원 2017.12.21 2017나25

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