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(영문) 수원지방법원성남지원 2017.06.16 2015가합201035

하자보수금 등

Text

1. As to KRW 2,246,803,486 among the Plaintiff and KRW 1,598,547,270 among the Plaintiff, the Defendant shall start from March 11, 2015; and 623,103.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The plaintiff is Osan-si apartment A (hereinafter "the apartment of this case").

(2) The Defendant is a project proprietor who constructed and sold the instant apartment in lots in order to manage the 772 households.

B. A pre-use inspection and the occupancy of the instant apartment was conducted on May 21, 201, and the occupancy was conducted around that time.

C. The occurrence of the defect occurred when the Defendant newly constructed the instant apartment, but did not construct the part to be constructed in accordance with the design drawing, or constructed the instant apartment with the defective construction or with the alteration of the design drawing differently from the design drawing, thereby causing a defect in the quantity of the instant apartment’s section for exclusive use, as well as the subsequent damage, water leakage, corrosion, etc. (hereinafter “instant defect”).

The Plaintiff shall take over the damage claim in lieu of the defect repair of the apartment of this case from all the sectional owners of the apartment of this case against the Defendant, and upon being delegated with the authority to notify the assignment of the claim, the Plaintiff shall notify the Defendant of the notification of the assignment of the assignment of the claim on March 10, 2015, stating “the first assignment of the assignment of the claim” in the table No. 1 attached hereto as of the arrival date of notification of the assignment of claim to the Defendant.

2. In addition to the notice of assignment of claims from April 8, 2015 to November 6, 2015, the notice of assignment of claims to this part in the attached list “2-7 transfers of claims” is “the notice of the instant secondary transfer.”

3 The notice of the assignment of claims to this part of the sectional owners on July 15, 2016, stating "the 8th assignment of claims" in the attached list, is "the third assignment notice of this case".

The following was notified of the assignment of claims.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14, Eul evidence Nos. 1 and 1 (including branch numbers), the appraiser B (hereinafter " appraiser")'s appraisal results, respectively.