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(영문) 수원지방법원성남지원 2016.09.30 2014가합205962

양수금

Text

1. As to KRW 1,113,727,724 among the Plaintiff and KRW 101,00,000 among the Plaintiff, the Defendant shall start on September 16, 2014, and the remainder 1,012.

Reasons

1. Basic facts

A. The status of the parties is 1) Defendant (Korea National Housing Corporation and Korea Land Corporation are merged, and the Defendant was established on October 1, 2009 and comprehensively succeeded to the rights and obligations of Korea National Housing Corporation.

2) The apartment house A (hereinafter referred to as the “instant apartment house”) in Gyeyang-gu, Gyeyang-gu.

(2) B Co., Ltd. is a contractor awarded a contract for the instant apartment construction, and the Plaintiff is an autonomous management body comprised of sectional owners to manage the instant apartment.

B. Upon completion of approval for use, the apartment of this case obtained approval for use on December 4, 2009, and at that time, the occupancy of residents was completed.

C. 1) After the Defendant sold the instant apartment, there was a defect in the section for common use and the section for exclusive use of the instant apartment by failing to construct the part to be constructed in accordance with the drawing for approval of use in the construction of the instant apartment after the Defendant sold the instant apartment, or by performing defective construction or alteration construction. As a result, there was a defect that may hinder the function, aesthetic view, or safety in the instant apartment. 2) Accordingly, the Plaintiff continuously requested repair of the instant apartment after the occupancy of the sectional owners of the instant apartment, and the Defendant continuously requested repair of the defects. While the instant apartment was partially repaired, the portion for exclusive use and the section for common use of the instant apartment still remains the same defect as the entry in the item in the item column (hereinafter “instant defect”), and the repair of the instant apartment is also required as the same money as the entry in the item 1, 2, in the case of repair of the outer apartment as a part of remuneration for the crack of the outer wall.

The Plaintiff, who transferred the damage claim in lieu of defect repair, shall be the remaining 390 households, excluding the four households specified in the attached Form 3 non-transfer household list among the 394 households of the apartment of this case before the date of closing argument in this case.