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(영문) 서울중앙지방법원 2016.09.01 2014가합52105

하자보수에 갈음하는 손해배상등

Text

1. The plaintiff (appointed party)'s lawsuit against defendant E shall be dismissed.

2. Defendant D, Inc.

Reasons

Basic Facts

The plaintiff et al. shall be the sectional owners or buyers of the corresponding heading room in the attached Table 1 column of H building (the underground third floor, the 15th floor, the hereinafter referred to as the "instant building"), which is an apartment apartment-type factory located in Geumcheon-gu Seoul Metropolitan Government.

Defendant D Co., Ltd. (hereinafter “D”) is a project proprietor who constructed the instant building and sold it to the Plaintiff, etc., and Defendant E Co., Ltd. (hereinafter “E”) is a new construction contractor of the instant building under a contract with Defendant D for the construction of the instant building.

Defendant E completed the construction of the instant building, and obtained approval for the use of the instant building from the head of Geumcheon-gu Seoul Metropolitan Government on October 26, 2009.

However, as Defendant E did not perform the construction works of the instant building according to the design drawings while constructing the new building, or performed the construction differently from the design drawings, there was a defect that may hinder the function, aesthetic view, or safety of the section for common use and section for exclusive use of the instant building, such as rupture rupture water, etc.

Therefore, the representative meeting of the management body of the instant building has continuously requested the Defendant E to repair defects incurred from May 28, 2010 upon the request of the Plaintiff, etc., and the repair work has been performed for some defects. However, among the instant building and the instant section for exclusive use, it is still the cost of repairing defects incurred to the part of exclusive use owned by the Plaintiff, etc. among the instant building and the instant section for exclusive use owned by the Plaintiff, etc.

In order to repair defects, such as the entry in the aggregate sheet by defect list list, the following expenses are required on the premise that the parts after the crack-heating of the outer wall are also to be buried. However, the building in this case is an apartment-type factory, which is an apartment-type factory, and is in charge of the same amount as the mentioned below. < Amended by Act No. 11583, Dec. 18, 2