손해배상(기)
1. As to KRW 1,299,388,152 among the Plaintiff and KRW 1,01,00,000 among the Plaintiff, the Defendant shall start on May 15, 2014, and the remainder 1,198. < Amended by Act No. 15537, May 15,
1. Basic facts
A. 1) The Plaintiff is a party to the instant apartment complex A located in Yongsan-gu Seoul Metropolitan Government D (hereinafter referred to as “instant apartment complex”).
(2) The Defendant is a project proprietor who constructed and sold the instant apartment in lots in order to manage 10 households of 10,000 households.
B. On September 20, 2007, the inspection of use and the occupancy of the apartment of this case was conducted on September 20, 207, and the occupancy was conducted around that time.
C. 1) The occurrence of defects and the claim for repair of the apartment in the instant case were not constructed by the Defendant while constructing the apartment in accordance with the design drawing, or the construction of the apartment in a defective manner or differently from the design drawing was conducted by changing the construction differently from the design drawing, thereby causing a defect such as rupture, water leakage, etc. to the section for common use and the section for exclusive use of the instant apartment. Accordingly, the apartment in the instant case caused an impediment to the function, aesthetic or safety in the apartment. 2) Accordingly, the Plaintiff requested the repair of defects at the request of the Defendant at the request of the occupant or sectional owner of the instant apartment, but there still
(The detailed details are considered in paragraph 2 below).
The Plaintiff acquired the Plaintiff’s damage claim, among the 1,00 households of this case, from the sectional owners of 985.5 households, the damages claim in lieu of the defect repair of the apartment in this case against the Defendant, notified the Defendant of the assignment of the claim upon delegation of the power to notify the assignment of the claim, and the notification was delivered to
As above, the area of the section for exclusive use by the sectional owners who transferred the damage claim due to defects is 82,01.64 square meters in total, and the ratio of the area of 83,239.80 square meters in the entire area of the instant apartment complex to the area of 83,239.52% (=8.52%) (i.e., 82,01.64 square meters/83,239.80 square meters, and less than two decimal places (hereinafter “instant assignment ratio”).
[Reasons for Recognition]