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(영문) 부산지방법원동부지원 2019.09.25 2016가합103643

하자보수에 갈음하는 손해배상 등 청구

Text

1. The Plaintiff:

A. As regards Defendant B’s limited liability company’s KRW 581,462,785 and KRW 377,500,000 among them, the Defendant limited liability company’s KRW 581,462,785 shall begin on December 2, 2016.

Reasons

1. Facts of recognition;

A. The status of the party is an autonomous management body composed of the occupants to manage the apartment A apartment in Young-si (hereinafter “the apartment in this case”). Defendant B is an executor who sold the apartment in this case and the new construction of the apartment in this case (hereinafter “the new construction of the apartment in this case”), and Defendant Korea Housing and Urban Guarantee Corporation guarantees the defect repair obligation regarding the apartment in this case.

B. The use approval and defect occurrence 1) of the instant apartment was approved on March 28, 2013, but there was a defect such as cracks, water leakages, etc. in the instant apartment due to the construction of the instant new apartment on the following grounds: (a) the construction of the instant apartment on the following grounds: (b) the construction of the instant new apartment was carried out by Defendant B; (c) the construction of the construction of the instant new apartment on a voluntary basis; or (d) the construction of the erroneous construction or defective construction; (b) the construction of the instant apartment was carried out; and (c) the construction of the instant apartment on several occasions; (d) the sectional owners and the Plaintiff requested repair of the instant apartment on several occasions; (e) the construction of the instant apartment on several occasions; (e) the construction of the instant new apartment on the joint-use area and the exclusive-use area of the instant apartment, but still there still remains any defect as indicated in the attached

(2) The following is a result that reflects all the items determined in paragraph 2, and even if any item is not determined separately, in case where an appraiser revises errors or alters his opinion through a fact-finding inquiry inquiry inquiry inquiry inquiry inquiry, the defect repair cost was calculated by reflecting such modified or supplemented result; hereinafter the same shall apply). The portion owned in the 10th five year and 230,374,065, 5,18,463,463,24,67,693,591,38326,76,769,21218,019,824,914,82,914,70,709,709,471,565 and 10 years in the 25th year and 3 years in the 10th year following the inspection of usage.