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(영문) 서울남부지방법원 2016.10.06 2015가합102423

하자보수비 등

Text

1. The plaintiff's lawsuit is dismissed against the global corporation of the defendant Kook.

2. Defendant case corporation

Reasons

1. Basic facts

A. The Plaintiff is a party. 1) The Plaintiff is a multi-story collective building located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, as well as multi-story collective building under Article 2 subparag. 13 of the Industrial Cluster Development and Factory Establishment Act (hereinafter “instant building”). In other words, the Plaintiff is a multi-story collective building (hereinafter “instant building”).

(2) In order to manage one unit of 260 households and their ancillary facilities, the management body established with all sectional owners of the instant building as members under the Industrial Cluster Development and Factory Establishment Act, etc. (2) Defendant KT Co., Ltd. (hereinafter “Defendant KT”) is a project proprietor who constructed and sold the instant building. Defendant Culul Global Co., Ltd. (hereinafter “Defendant Culul Global”) is a company that constructed the instant building under contract.

B. Upon the completion of the construction of the instant building by Defendant Culul Global, the head of Yeongdeungpo-gu Seoul District Office approved the use of the instant building on December 7, 2012. However, there was a defect in the section for common use and the section for exclusive use of the instant building due to the failure to perform the construction, defective construction, or alteration of the construction differently from the drawing of completion, and thereby, there was an obstacle to the function, aesthetic or safety of the instant building. 2) The Plaintiff continuously requested the Defendants to repair the defective construction of the instant building, and Defendant Culul Global partially repaired the defect.

However, there still remains any such defects as indicated in the summary sheet for each defect list (hereinafter “instant defect”) in the instant building, and in order to repair it, the following is premised on the fact that the “part of the wall” after the rupture of the outer wall is “part of the wall”. [Attachment] cost of the same amount as indicated in the defect repair cost record.