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(영문) 서울중앙지방법원 2019.06.14 2016가합34279

양수금

Text

1. The plaintiff's lawsuit against defendant D is dismissed.

2. The Defendants B and C are jointly and severally and severally and severally.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is an aggregate building A located in Yeongdeungpo-gu Seoul Metropolitan Government E (hereinafter “instant officetel”).

The former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 9172 of Dec. 26, 2008) for the management of the said Act

The Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “former Act”).

(2) Prior to the change of Defendant Limited Company B: A stock company.

F. Defendant B (hereinafter “Defendant B”)

2) Defendant C Co., Ltd. (hereinafter “Defendant C”)

2) The Defendants are the buyers of the instant officetel (hereinafter the Defendants are “Defendant buyers”).

(2) Defendant D Co., Ltd. (hereinafter “Defendant D”)

B) The instant officetel is the construction works of the instant officetel. (B) The instant officetel was inspected on November 30, 2006, and the owner of the instant officetel entered into a sales contract with the Defendant seller and moved into the instant officetel.

2) Defendant D’s failure to construct the instant officetel with construction works, or with any alteration from the design drawings to the section for common use and the section for exclusive use of the instant officetel, resulting in a defect such as rupture and water leakage. 3) The Plaintiff requested the Defendants to repair the defects arising from the instant officetel, and the Defendants repair some defects.

However, the instant officetel still remains in the same manner as indicated in the summary sheet by the defect list of the section for exclusive use (1) and the instant officetel for exclusive use (2) of the total number of 581 households, which transferred the damage claim to the Plaintiff, among the entire 581 households of the instant officetel for the instant section for exclusive use (2). In order to repair it, the instant officetel is as indicated in the defect repair expense list under the premise that the part after the rupture repair of