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(영문) 인천지방법원 2020.06.19 2017가합54363

하자보수금 등 청구의 소

Text

1. As to KRW 1,045,902,910 and KRW 301,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 728,584,266.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous organization composed of its occupants to manage the A apartment 7 Dong-dong 782 households located in Nam-gu Incheon Metropolitan City. 2) The Defendant is a project undertaker who sold the above apartment around June 2012.

B. On June 2, 2015, the said apartment building was approved for use on June 2, 2015, and was delivered to the buyer around that time. 2) The Defendant failed to construct the part to be built in accordance with the design drawings in the process of constructing the said apartment building, or caused defects such as rupture, water leakage, etc. in the said apartment building’s section for common use and section for exclusive use, which is different from the design drawings, or was constructed in a defective manner, and there was an obstacle to its function, safety, and aesthetic sense.

3) Accordingly, the Plaintiff requested the Defendant to repair the defects that occurred in the above apartment, and even though the Defendant partially repaired the defects, there still exist such defects as stated in the summary sheet by the defect list of the attached section for common use and the summary sheet by the defect list by the section for exclusive use in attached Form 2. The repair costs are as stated in the comprehensive balance sheet by the following specifications (the defect repair costs were calculated based on the partial specifications, and the Defendant additionally repaired and reflected all the items that the Plaintiff revoked the claim and the items determined below

(i) [The total sum table of repair expenses] (the unit: 121,90,90,916, 641, 137, 837, 769, 147, 369, 7685, 769, 809, 68148, 769, 769, 79, 790, 790, 7775, 767, 7775, 878, 8784, 197, 8748, 197, 874, 197, 1964, 197, 1967, 197, 197, 197, 194, 205, 201, 287, 397, 398, 275, 3784, 287, 2984, 287

C. 1) The Plaintiff is a sectional owner of 756 households among the above apartment 782 households (hereinafter “the first assignment household”).