beta
(영문) 수원지방법원성남지원 2015.12.10 2013가합203839

손해배상(기)

Text

1. The Defendant’s KRW 597,617,55 to the Plaintiff and KRW 5% per annum from July 21, 2015 to December 10, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is the autonomous management body composed of the occupants in order to manage the 8-dong 468 households and ancillary facilities, which are located on the ground of the 201-201-Songbuk-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, the 201-ro, the 5-201-ro, the 468-dong, the 468-dong, and

B. The Defendant built the instant apartment and built the apartment, obtained approval for use on July 13, 2009, and transferred the instant apartment to the occupants around that time.

C. The occurrence of the defect and the amount of damages 1) The Defendant did not construct the part to be constructed in accordance with the design document in the new construction of the instant apartment, or performed defective construction or defective construction, and there was a defect such as rupture and water leakage in the section for common use and section for exclusive use of the instant apartment. 2) The Plaintiff demanded several repairs on or around August 12, 2010 at the request of the sectional owners or occupants, such as demanding the Defendant to repair the defect, and accordingly, the Defendant partially performed the repair work. However, even though the repair was not properly performed, each of the defects as indicated in the attached Table 3 are still remaining in the instant apartment, and each of the relevant repair costs is required to repair it.

1) The Plaintiff transferred the entire right to claim damages due to defects, such as the right to claim damages due to the nonperformance of obligations under the sales contract or tort against the business entity or implementer of the apartment of this case, the right to claim damages due to defect repair, and the right to claim damages in lieu of defect repair (hereinafter “transfer of claims of this case”).

Upon delegation of the power of notification of transfer, the defendant was notified of the transfer.

The total area of the transfer household of this case shall be 38,179.605 square meters.