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(영문) 춘천지방법원 2018.05.30 2015가합5910

양수금

Text

1. As to KRW 1,509,556,507 and its KRW 201,00,000 among the Plaintiff, the Defendant shall pay to the Plaintiff the remainder of the money from August 4, 2015.

Reasons

Basic Facts

A. The Plaintiff is an autonomous management body that is composed of occupants to manage five five, 356 units of the A apartment in Chuncheon-si (hereinafter “instant apartment”).

The defendant is a project proprietor who constructed and sold the apartment of this case.

B. The apartment of this case was inspected on July 19, 2010, and it was occupied around that time.

C. As the Defendant newly constructed the instant apartment, the part that the Defendant should construct in accordance with the design drawing was not constructed, or the part that the Defendant should construct in bad faith or differently from the design drawing was constructed, defects such as rupture, water leakage, etc. were caused to the section for common use and section for exclusive use of the instant apartment, and thereby, the instant apartment caused trouble in the function, aesthetic sense, or safety.

Therefore, the Plaintiff was partly repaired by requesting the repair of defects to the Defendant at the request of the occupant or sectional owner of the instant apartment. However, the common area and the section for exclusive use of the instant apartment still remains, such as the details of the defect repair expenses in the attached Form (hereinafter “instant defect”). In the event that the repair is made as a part of the remuneration for the equal heat of the outer wall, the amount as indicated below is required.

(units: 114,972,945 28,624,624,624,629, 629, 849,83262 62,418,79, 7969, 2936, 5936, 506, 506, 506, 7206, 720,784, 78424, 629, 629, 656, 530, 530, 1389, 2965, 146, 720, 784, 3254, 252, 256, 2965, 1465, 197, 1564, 1984, 157, 1984, 1965, 1964, 1567, 1984

E. The Plaintiff acquired the damage claim in lieu of the defect repair in the instant apartment from the sectional owners of 356 households (100%) among the total 356 households of the instant apartment, and received the delegation of the right to notify the assignment of the claim and transferred the claim to the Defendant.