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(영문) 서울남부지방법원 2016.05.12 2014가합5655

손해배상(기)

Text

1. The defendant shall make the plaintiff (appointed party) and the selectors listed in the separate sheet No. 1, and the separate sheet No. 2 of the annexed sheet No. 2.

Reasons

1. Basic facts

A. The plaintiff et al. is a party. 1) The Industrial Cluster Development and Factory Establishment Act (hereinafter "Industrial Cluster Act").

(1) The term “instant building” means a multi-story apartment-type factory located in Geumcheon-gu Seoul Metropolitan Government, as defined in Article 2 subparag. 13 of the I Industrial Cluster Development Act (hereinafter referred to as “instant building”).

Of the attached list 3, the sectional owners or buyers of each corresponding heading room is the project proprietor who constructed and sold the building of this case, and the J Co., Ltd. (hereinafter “J”) is the contractor who newly constructed the building of this case by being awarded a contract with the Defendant to construct the building of this case.

B. 1) Upon completion of the new construction of the building of this case by J, the head of Geumcheon-gu Seoul Metropolitan Government approved the use of the building of this case on July 27, 2009. However, as the J did not perform the construction of the new construction of the building of this case, or revised the construction differently from the drawing of the construction, thereby causing a defect to the section for common use and section for exclusive use of the building of this case. Accordingly, the council of occupants' representatives of the building of this case requested the J continuously repair of the defect that occurred in the building of this case, and the J repaired a part of the defect.

However, there still remain any defects such as the entry in the summary sheet by annex 4 for each defect list (hereinafter “instant defect”) in the instant building, and in order to repair them, the following:

1.(b)

3) The same amount of expenses as the statement in paragraph (1) is required (However, the instant building is an apartment-type factory and is subject to the old Act on Ownership and Management of Condominium Buildings (amended by Act No. 11555, Dec. 18, 2012; hereinafter “former Act on Ownership and Management of Condominium Buildings”) and the warranty liability period under the Civil Act.