A. The Plaintiff is the managing body of the 1st underground and the 7th floor commercial building (hereinafter “instant commercial building”) located in Kimhae-si, and the Defendant was operating the bath bath (hereinafter “instant bath bath”) with the trade name “Esa” in the 1st floor D of the instant commercial building.

B. From September 17, 2016 when the Defendant started the bath business of the instant case, defects, such as water leakage, fung, fung, fung, and fung were generated in the instant 1st basement parking lot, etc. (hereinafter “instant underground part”), and the instant underground part still remains the defect.

C. 1) The transfer of damage claim in lieu of defect repair, etc. 1) The remainder of the room except for the subparagraphs D, F, and G among the entire rooms of the commercial building of this case (hereinafter “transfer of claim”).

A) The sectional owners of the instant building assigned the right of notification to the Plaintiff while transferring the damage claim in lieu of the defect repair that the Defendant had to repair, and the Plaintiff completed the notification of the assignment of the instant claim through the delivery of a duplicate of the preparatory document as of May 29, 2019. (2) The total area of the section for exclusive use in the instant assignment of claims is 1,700.32 square meters, and is 71.86 percent of the total area of the section for exclusive use in the instant transfer of claims in the entire family room of the instant commercial building (i.e., 1,700 square meters ± 2,365.93 square meters ± 32 square meters ± 2,365.93 square meters ± 1,70

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 4, 15 evidence (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. In order to repair defects such as water leakage and rupture in the underground part of the instant case due to the defects in the bathing facilities operated by the Plaintiff asserted by the Defendant, it is necessary for repair works, such as re-execution of waterproof treatment of the instant bathing facilities. Therefore, the Defendant is deemed to substitute for the repair of defects to the Plaintiff.