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(영문) 대전지방법원 2020.02.12 2018가합101547

채무부존재확인

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1. The plaintiffs' primary claims are dismissed.

2. The defendants listed in the separate sheet Nos. 1 have strengthened floors that occur to each household of the Defendants.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

) Sejong Special Self-Governing City I apartment (hereinafter referred to as “instant apartment”) shall be:

(1) The Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) is a project proprietor who newly built and sold the land.

(2) The Defendants are co-owners of each of the households listed in the separate sheet No. 1 (hereinafter “each of the households of this case”) as indicated in the separate sheet No. 1.

B. In the construction of the instant apartment, Plaintiff B executed the construction of the instant apartment as the reinforced floor to strengthen the floor of the instant apartment section. The reinforced floor constructed in each of the instant households, living room, kitchen, bed room, etc. (hereinafter “the reinforced floor of the instant apartment”) was built in the inside room, room, kitchen, bed room, etc. of each of the instant households (hereinafter “the instant reinforced floor”).

(2) On April 21, 2017, the Defect Dispute Mediation Committee presented a proposal to replace the floor floor with the "total replacement construction of the floor reinforcement floor" by deeming the defect as a defect in construction, but the Plaintiff B rejected it.

After that, the defendants applied again to the Defect Dispute Mediation Committee for the examination of defects, and the Defect Dispute Mediation Committee determined as the same content as the above mediation plan on September 29, 2017 and determined as "the completion of defect repair works on the whole floor area where noise was generated within 60 days from the date of receipt of a written determination of whether the defect occurred".

3. The plaintiff B filed an objection, and the Defect Dispute Mediation Committee, on November 23, 2017, dismissed the plaintiff B's objection as it judged that there was a defect in construction on the floor of strengthening the building of this case, but it is inappropriate to present the repair method, etc.