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(영문) 서울북부지방법원 2018.12.13 2014가합26129

방화문 성능불량에 따른 손해배상청구

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1. Of the Plaintiff’s lawsuit against the Defendant, the part of the Plaintiff’s claim exceeding the money stated in the Disposition No. 2 is dismissed.

2. The defendant.

Reasons

1. Basic facts

A. The plaintiff is an autonomous management organization comprised of the representatives elected by the residents of 725 households, Dong-dong 725 households located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter "the apartment of this case"), and the C apartment reconstruction and improvement project association (hereinafter "the non-party association") newly constructed and sold the apartment of this case, and the defendant is a company that constructed the new apartment of this case by being awarded a contract with the non-party association.

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a company that supplies the door of the entrance of the section of exclusive use and the shelter space door of the section of exclusive use among the door that the Defendant constructed on the apartment of this case, the shelter door of the section of exclusive use, the shelter space for the section of exclusive use, the door of the shelter for the section of common use, the door of the stairs room for the section of common use, and the door of the shelter space for the section of exclusive use (hereinafter referred to as the “instant door”).

B. (1) The Plaintiff, among the 725 households of the instant apartment, acquired the claim for damages in lieu of the defect repair from the sectional owners of the remaining 709 households as indicated in the attached Table 1, except for the 16 household units that have not been assigned with the claim indicated in the attached Table 2. Upon delegation of the right to transfer the claim, the Plaintiff notified the non-party association of the fact of the assignment of each of the claims from June 12, 2015 to August 12, 2015, and requested the non-party association to pay the cost of defect repair. The notification finally reached the non-party association on August 13, 2015. (2) The detailed details of the sectional owners who transferred the claim for damages in lieu of the defect repair and the area of each household’s exclusive ownership are as shown in the attached Table 1 assignment household list. The total area of the sectional owners’ exclusive ownership is 55,291.19 square meters, and the total area of the instant apartment is 56,4319.5 square meters per 25.25.