1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the court’s explanation concerning this case is the same as the entry of the reasoning of the judgment of the first instance, except for the following additional determination, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. According to the judgment of the court of first instance, part of landscaping trees (public 112) in the complex is not an aesthetic test, but an aesthetic test; part of the trees pointed out to be infinited by appraiser D; and part of the trees pointed out to be infinite size cannot be deemed an inferior standard quantity in light of 8% of the allowable error of trees permitted in the specifications of the apartment landscaping construction (Evidence No. 6). Thus, the appraiser’s appraisal result is difficult to believe. However, the appraiser’s appraisal result is respected unless there are obvious errors such as that the appraisal method is contrary to the empirical rule or unreasonable (see, e.g., Supreme Court Decision 2010Da93790, Nov. 29, 2012). According to the appraiser D’s appraisal result, the Defendant’s assertion that the appraisal result is identical or unreasonable with the existing appraisal result, and thus, the Defendant’s appraisal result cannot be seen as being identical to the existing appraisal result.

B. Of the defect repair cost, part 1 of the retirement pension installment payment for retirement is calculated by an appraiser in calculating the cost of defect repair in this case. With respect to the payment of retirement pension for retirement x 2.3%, the Defendant is a construction worker only when it is a construction work ordered by the State or a corporation invested or contributed by a local government under Article 87 of the Framework Act on the Construction Industry and Article 83 of the Enforcement Decree of the same Act.