하자보수금 등 청구의 소
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The C Occupant’s Council is an organization composed of the occupants of other canal wells constructed on the D of Gwangju Mine (hereinafter “C”), and it was transferred from the occupants of 29 households, among the 38 households, the damages claim in lieu of the repair of each household’s defects. On March 8, 2016, the Plaintiff also transferred a right to claim damages in lieu of the repair of the defects of the instant real estate (hereinafter “instant damages claim”). As the owner of C Building E (hereinafter “instant real estate”) of the said 29 households, the C Occupant transferred the right to claim damages in lieu of the repair of the defects of the instant real estate (hereinafter “instant damages claim”).
B. On May 3, 2016, the C Occupant notified the Defendant, the executor company of the construction work C, and the FF corporation, the contractor of the said construction, along with each power of delegation and confirmation of the said 29 generation occupants, that each of the above 29 generation occupants was transferred on behalf of the said occupants, and filed a lawsuit for damages claim based on the above acquired damage claim.
(C) The Gwangju District Court 2016Gahap53451, hereinafter referred to as the “instant litigation”).
On September 7, 2017, the first instance court of the instant lawsuit rendered a judgment that “the Defendant shall pay C Occupants’ Council KRW 442,829,878 (= KRW 341,563,866 for delay compensation of KRW 101,266,012 for delay compensation of KRW 341,563,866 for damages in lieu of defect repair) and delay damages”. In the foregoing judgment, the claim for damages in lieu of defect repair as to the defect repair of the portion of exclusive ownership was deemed not to have been transferred.
(A) As to the instant real estate in the attached table No. 1 list, the “transfer household of the instant case” is indicated as the “transfer household of the instant case” and the “household of the instant liquidated damages for delay” is indicated as the “transfer household of the instant liquidated damages for delay.”
After that, the defendant and the F Co., Ltd. agreed with C Occupant on September 25, 2017 (hereinafter referred to as the "agreement on the lawsuit in this case").