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(영문) 부산고등법원 2020.12.03 2020나50365

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. 1) The Plaintiffs are 515 households in total with 515 city-type E-type residential housing (multi-family housing 268 households, officetels 247 households, hereinafter “instant aggregate building”) on the land outside 3 lots, Jung-gu, Busan, Jung-gu, Busan, and 3.

2) The Defendant is a co-defendant of the instant aggregate building, and the Intervenor’s Intervenor (the co-defendant of the first instance court; hereinafter “Supplementary Intervenor”) is a contractor who was awarded a contract with the Defendant for a new construction of the instant aggregate building.

B. On October 5, 201, the Defendant obtained a building permit approval from the head of Busan Metropolitan City from the head of the Gu to build the instant aggregate building in Busan Central District D, and entered into a construction contract with the supplementary intervenor on October 14, 201, which is the contract period for the construction of the instant aggregate building between the supplementary intervenor and the supplementary intervenor on October 14, 201. (2) The supplementary intervenor commenced construction work around October 24, 201 and obtained approval for the use of the instant aggregate building on October 10, 2013.

C. 1) As to the construction of the instant aggregate building, the supplementary intervenor did not construct the parts to be constructed in accordance with the design drawing while constructing the instant aggregate building, or changed the parts to be constructed in a way different from the design drawing, etc., and part of the building was constructed by defective construction, which resulted in a defect in the co-ownership and the section for exclusive use, such as equal heat generated from the outer wall of the instant aggregate building. 2) The sectional owners and the Plaintiffs continuously requested repair of defects to the supplementary intervenor. While the supplementary intervenor repair part of the defects, the supplementary intervenor still requested repair of the defects, the instant aggregate building still remains such defects as the sum calculation of the defect repair portion of the attached section for exclusive use, the sum calculation of the portion of the portion of the public use

This Court's assertion on the recognition of defects and the reasonable method of remuneration and cost, etc.