beta
(영문) 광주지방법원 2018.06.21 2016가합56481

하자보수에 갈음하는 손해배상

Text

1. The Defendant’s KRW 244,031,039 as well as the Plaintiff’s annual rate of 5% from April 29, 2017 to June 21, 2018, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous management body that consists of occupants for the management of the four-dong-dong-dong-dong-dong-dong-dong-dong-dong 297 apartment units in Gwangju-gu (hereinafter “instant apartment”).

The defendant is a corporation that comprehensively succeeds to the Korea National Housing Corporation that newly built the apartment of this case.

B. The Defendant obtained approval for the use of the instant apartment on July 19, 2007, and transferred the instant apartment to lessee by leasing it as a public rental apartment pursuant to the Rental Housing Act, but was converted for sale from November 2012.

C. As the Korea National Housing Corporation newly constructed the apartment of this case, defects such as rupture, water leakage, etc. were caused to the section for common use and section for exclusive use of the apartment of this case, by failing to construct the part to be constructed in accordance with the design drawing, making a defective construction, or executing the construction by changing the same differently from

Since the date of approval for the use of the apartment in this case, the plaintiff started to request the defendant to repair the defects. Accordingly, the defendant had to perform the repair work for some defects. However, the appraiser B (hereinafter referred to as the " appraiser") presented the opinion that the part of the apartment in this case is required to repair the defects in the attached Table 1 and the attached Table 2 list of defects in the attached section for exclusive use (hereinafter referred to as "the first defect in the first defect in the second defect in the second defect in the second defect in the second defect in the second defect in the last three years, "the second defect in the second defect in the third defect in the third defect", "the five-year defect in the second defect in the second defect," "the defect in the second defect in the second, the 10-year defect in the second" in the 10-year defect in the second defect in the second defect in the second defect in the second defect in the second defect in the second defect in the attached section, "after the heating of the outer wall" in order to repair it.

In accordance with this Court's request for the supplementation and supplementation of appraisal, the appraiser shall respond to the first appraisal and supplementation on December 15, 2017, and the second appraisal and supplementation on December 18, 2017;

참조조문