손해배상(기)
1. As to Defendant K.S. Construction Co., Ltd. KRW 222,026,783 and KRW 101,00,000 among them, February 2, 2013.
The fact of finding the judgment on the claim against the defendant K.S. Construction Co., Ltd. is a management organization comprised of occupants, including sectional owners, for the management of the 7-dong 7-dong 415 households and their ancillary facilities, Yang Chang-Jak-Jakakak-Jakakak-gu 159 (hereinafter “the apartment of this case”). The defendant K.S. Construction Co., Ltd. (hereinafter “Defendant K.S. Construction”) is a project proprietor who newly built and sold the apartment of this case.
The apartment of this case was inspected on June 20, 2007 by the two main markets, and there was a defect that may hinder the functional safety or aesthetic view in the section for common use and section for exclusive use due to the change of construction work without construction, etc., and the defect still remains in the section for common use and section for exclusive use of the apartment of this case, notwithstanding the defect repair work.
The Plaintiff acquired a claim for damages in lieu of defect repairs from each sectional owner of 376.5 households of the instant apartment 415 households (hereinafter referred to as the “transfer household of this case”). Upon delegation of the right to notify the assignment of claims, the Plaintiff notified Defendant K.S. Construction on February 15, 2013, and on May 13, 2013. < Amended by Presidential Decree No. 24374, Apr. 18, 2013; Presidential Decree No. 24575, May 13, 2013>
The ratio calculated by dividing the area of exclusive ownership of the household that transfers the instant apartment by the area of exclusive ownership of the entire apartment of this case is 90.5%.
The repair cost for the defects in the section for common use of the apartment of this case is KRW 212,700,221, and the repair cost for the defects in the section for exclusive use of the assignment household of this case is KRW 29,533,083.
[Reasons for recognition] According to the facts of the recognition of the liability for damages arising from the determination of Article 257(1) of the Civil Procedure Act (a non-litigation following the submission of a written reply), Defendant K.S. Construction has the period of occurrence of defects and the scope of defects under Article 46(1) of the Housing Act and Article 59(1) of the Enforcement Decree of the Housing Act against the sectional owners of the apartment of this case.