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(영문) 서울중앙지방법원 2017.03.23 2016가합516382

손해배상(기)

Text

1. The Defendant’s KRW 7,704,96 as well as the Plaintiff’s annual rate of 6% from April 12, 2016 to March 23, 2017, and the following.

Reasons

1. Basic facts

A. 1) The Plaintiff is the Plaintiff’s 1,310 household units of the Jyang-dong 227-7, Jyang-dong, Seoul Special Metropolitan City (hereinafter “instant building”). The Plaintiff is the Plaintiff’s 1,177 household units, officetels 133 office units, and hereinafter “instant building”).

A) A school foundation that constructed and sold the building in lots, and the Defendant is a company that constructed the building in this case by being awarded a contract from the Plaintiff on May 14, 2003 (hereinafter “instant contract”). The contract entered into between the Plaintiff and the Defendant is called “instant contract.”

2) On January 22, 2007, the construction mutual aid association guaranteed the Defendant’s duty of repairing defects in the defect liability period of the first, second, third, third, five and ten years. (2) On January 22, 2007, the Plaintiff obtained approval for the use of the instant building, and around that time delivered the instant building to the buyer.

B. 1) The council of occupants' representatives of the instant building (hereinafter referred to as the "council of occupants' representatives of the instant building")

) From the sectional owners of 1,118.5 households of the instant building 1,310 households, the Plaintiff received the claim for defect repair against the Plaintiff and the corresponding damage claim and notified the transfer thereof [The ratio occupied by the area of the exclusive ownership of the household that has transferred the claim to the council of occupants’ representatives in the area of the entire sectional owners of the instant building (i.e., 85.83% of the ratio occupied by the area of the exclusive ownership of the household that transferred the claim to the council of occupants’ representatives (i.e., 154,211 square meters ± 179,656.3 square meters

[2] On January 20, 2012, the resident representative meeting of the instant case filed a lawsuit with the Seoul Central District Court against the Plaintiff, the Defendant, and the Construction Mutual Aid Association in lieu of the defect repair liability regarding the defects in the instant building, and filed a lawsuit with the Construction Mutual Aid Association seeking a defect liability bond under each contract for defect repair liability.

(Seoul Central District Court 2012Gahap5587), 3) The said court is the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as "the Act") November 21, 2013.