(영문) 서울고등법원 2017.09.26 2016나210728

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(영문) 서울고등법원 2017.09.26 2016나210728

건물인도 등

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1. Of the judgment of the court of first instance, the claim for damages in lieu of defect repairs among the claims filed by the plaintiff (Counterclaim defendant) in the principal lawsuit.

Reasons

1. The part concerning the claim for delivery of the first and third floors among the buildings of this case, among the claims filed by the plaintiff, was not appealed by the defendant against the acceptance of the plaintiff's claim at the first instance court, and the part concerning the claim for delayed payment of KRW 27,906,120, which was rejected by the plaintiff at the first instance court, was excluded from the scope of the trial at each party.

2. On May 1, 2014, the Plaintiff entered into a contract with the Defendant on May 1, 2014, setting the construction work for constructing the third floor of the Class II neighborhood living facilities (hereinafter “instant construction work”) on the land in Seongbuk-gu, Seongbuk-gu, Seongbuk-si as the construction cost of KRW 486,00,000 (value-added tax separate) (hereinafter “instant contract”). The Defendant completed the instant construction and obtained approval for use on October 13, 2014.

[Reasons for Recognition] Evidence No. 4, Evidence No. 6, and the purport of the whole pleadings

3. Determination as to the claim for damages in lieu of defect repairs in the principal claim

A. The plaintiff citing the judgment of the court of first instance is against the defendant a penalty of KRW 52,457,732,52,52, 52,457,731, in lieu of the repair of defects existing in the building of this case.

(i) Part 12,907,031 (including value-added tax; hereinafter the same shall apply) of the floor of the first floor;

(2) (2) The part of rooftop waterproof was 5,205,168 won (2,893,00 won (2,893,00 won) of a toilet under the bottom of the first floor ④ 292,492 won (292,632 won (6,632 won) of the entrance of the rooftop 388,632 won (6,279 won) of the number of entrances 678,632 of the number of rooftop entrances 678,632 of the building outer walls and the sidewalk block. The first instance judgment rejected the total amount of 386,279 won among the 51,983,99 won (12,907, 301 won, 12,907, 07, 031 won) of the 1st floor 276,2985,297,2967 won, and 2708 won among the total amount of 1965,2962,27985 won.2

2.3.

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