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(영문) 수원지방법원 성남지원 2018.02.13 2014가합208237

손해배상(건)

Text

1. As to KRW 403,358,188 and KRW 340,482,247 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 8,145,817 from November 18, 2014.

Reasons

1. Basic facts

A. 1) The Plaintiff is an autonomous management organization organized by the occupants in order to manage the household units of Ansan-si A Apartment (hereinafter “instant apartment”) 10 and 612 households. 2) The Defendant is a project undertaker who constructed and sold the instant apartment. The instant apartment was inspected on November 16, 2010, and the occupancy was occurred from that time. (c) The Plaintiff was not constructed by the Defendant while constructing the instant apartment, and the construction was conducted differently from the drawing or design drawing; (d) there was a defect such as heating, water leakage, etc. in the common use area and the exclusive use area of the instant apartment; (e) accordingly, the Plaintiff was partly defective at the request of the occupants or sectional owners of the instant apartment upon the repair of defects; (e) the Plaintiff still repaired the instant apartment units upon the request of the Defendant, but (e) the details of the instant apartment units’ assignment of the instant apartment units under paragraph (1) 2 and paragraph (2) of the instant case’s assignment of defects within the instant section for common use area (hereinafter referred to as “the instant apartment units”).

(1) From the sectional owners of the instant apartment against the Defendant, a claim for damages in lieu of the defect repair regarding the instant apartment against the Defendant was transferred, and the Defendant was delegated with the authority to notify the assignment of the claim, and notified the Defendant of the fact of the assignment of the claim. The date of arrival of the notification of the assignment of claim (the sectional owner) is

1. On November 17, 2014, the sectional owners indicated “the first transfer” in the attached list No. 1, 2014, indicated as “the second transfer” in the attached list No. 2 of the instant first transfer of claims on May 29, 2015, the sectional owners indicated as “the third transfer” in the attached list No. 3 of the instant second transfer of claims on May 29, 2015.