손해배상(기)
1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Plaintiffs are the sectional owners of the Seocho-gu Seoul Metropolitan Government apartment building B (hereinafter “instant apartment”) A from the 19th to 38th (hereinafter “China”) Dong, and the Defendant is the company that constructed the instant apartment.
B. The apartment of this case was completed around October 2003, and a total of seven elevators are installed in Adong. Among them, one of them is for emergency and disabled persons, two of them are for low-rises (2-18; hereinafter “low-rises”) and two of them are used for middle-rises (19-38; hereinafter “high-rises”) and two of them are used for high-rises (39-46; hereinafter “high-rises”).
C. The design drawings submitted at the time of permission and approval for use of the apartment of this case are to be operated in a way that all elevators stop on each floor without the classification of low-rises, middle-rises, and high-rises.
However, the defendant constructed a 18th floor for low-rise elevators, 38th floor for high-rise elevators, and 46th floor for high-rise elevators, and the part from 2 to 18th floor for middle-rise elevators, 2 to 38th floor of high-rise elevators, i.e., the opening part for the elevator on the floor on which each elevator does not stop.
(hereinafter referred to as “the act of not installing the opening of the instant elevator”). D.
Around August 21, 2012, the Seoul Special Metropolitan City Mayor issued a corrective order to the effect that, with respect to the civil petition filed by the council of occupants' representatives, etc. of the apartment of this case to the effect that the act of installing the opening of the above elevator was illegal, since all the elevator A Dong and B were not ordered to close the opening of the elevator on the floor other than the operating section, since it is not ordered to close the opening of the elevator on the top of the floor.
E. Upon the above corrective order and the request of the council of occupants' representatives of the apartment of this case, the defendant intends to perform the installation work of opening the elevator of this case (hereinafter "the construction of this case").