beta
(영문) 서울중앙지방법원 2017.03.15 2015가합543653

손해배상

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 500,000,00,000, out of the total amount of KRW 534,057,98 and the above amount.

Reasons

1. Basic facts

A. On September 1, 2016, the Plaintiff (the title at that time was EP and was changed to the name as of September 1, 2016).

In the below, "Plaintiff" shall not be distinguished before and after the change of name.

) The Gangdong-gu Seoul Metropolitan Government uniting 731, Dong-dong 731 (hereinafter referred to as the “instant apartment”).

2) On June 16, 2006, the Defendants (the name of the Defendant KK industry was the Korea Expressway Corporation, but the name was changed to the K KK industry on July 16, 2009. The name was not distinguished before and after the change of the name, but all the other stock companies entered into the “stock company”. The Defendant KK industry was contracted with the Plaintiff for the new construction of the instant apartment (hereinafter “the instant construction contract”), and completed the instant apartment construction contract (hereinafter “the instant construction contract”).

B. On June 25, 2009, the Plaintiff obtained approval for the use of the apartment in this case and obtained approval for the use of the apartment in this case as to the apartment in this case. (2) However, there was a defect such as rupture, water leakage, etc. in the apartment in this case by failing to construct the part to be constructed in accordance with the design drawing at the time of the construction work in this case, or by modifying the construction differently from the design drawing, and thereby, there was an obstacle to the function, aesthetic or safety of the apartment in this case.

3) There are defects in the common areas and sections for exclusive use of the instant apartment, such as the summary table by the defect list of the common areas and the summary table by the defect list by the defect list by the attached section for exclusive use. C. The instant lawsuit between the Plaintiff and the council of occupants’ representatives of the instant apartment complex, which is an autonomous management body consisting of the representatives of occupants by each building of the instant apartment complex, is not more than the class of the non-party Gangseo-