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(영문) 수원지방법원성남지원 2016.01.28 2014가합5100

하자보수에 갈음하는 손해배상

Text

1. The Defendant: KRW 1,063,144,966 for the Plaintiff and KRW 5% per annum from July 7, 2015 to January 28, 2016; and

Reasons

1. Basic facts

A. The plaintiff is a party. 1) The plaintiff is a ground A apartment on the ground B in Jinju-si (hereinafter "the apartment of this case").

(2) The Defendant (the Korea National Housing Corporation and the Korea Land Corporation were merged on October 1, 2009, hereinafter referred to as the “Defendant”) newly constructed the instant apartment and sold it to the general public for 684 households, and the 6888 households were leased around December 16, 2005 and sold it to the general public on June 201.

B. 1) The apartment of this case occurred with approval for use on December 19, 2005, and thereafter, the buyer and lessee moved into the apartment of this case. In constructing the apartment of this case, the defendant did not construct the part to be constructed in accordance with the design drawing, or changed the part to be constructed differently from the defective construction or design drawing, and thus, the plaintiff demanded the defendant to repair the defects of the apartment of this case at the request of the sectional owner or the tenant. 2) The plaintiff demanded several times to repair the defects of the apartment of this case. Accordingly, although the defendant or the subcontractor performed the defect repair work for the apartment of this case, there were defects such as the sum table by the defect list and [Attachment 1] [Attachment 2] aggregate table by the section for common use and section for exclusive use and [Attachment 2] by the defect list by the defect list.

C. The Plaintiff transferred the right to claim damages from 1,272 households among the 1,372 households of the instant apartment owners (hereinafter “transfer household of the instant apartment”) to the Defendant, and notified the Defendant of the transfer of the right to claim damages in lieu of defect repairs in the instant apartment.

The assignment household of this case.