하자보수에 갈음하는 손해배상 청구
1. The Defendant’s KRW 729,546,205 and KRW 658,637,924 from November 28, 2017 to KRW 53,401,961 among the Plaintiff.
Basic Facts
The plaintiff is an autonomous management body that consists of occupants to manage A apartment complex A (hereinafter referred to as "the apartment complex of this case") 14 Dong 609 Dong-dong 609.
The defendant is a person who constructed and sold the apartment complex of this case.
The Defendant Intervenor C Co., Ltd. is a contractor that contracted and supplied construction works among the instant apartment complex construction works, and the Defendant Intervenor B Co., Ltd. (hereinafter “Defendant Intervenor B”) is a contracting company that supplied and supplied elevator installation works.
The apartment complex of this case where defects occurred is specified as " May 2010" on June 21, 2010 as the 7th appraisal statement, but the approval date for use under the aggregate building ledger (Evidence A2-1) is " June 21, 2010."
A pre-use inspection was conducted around that time, and there was a defect such as rupture and water leakage in the section for exclusive use and section for common use in the apartment complex of this case due to the construction of the new apartment complex of this case, or the construction of the part to be constructed according to the design drawing, unlike the drawing or defective construction.
Accordingly, since June 17, 2011, the Plaintiff requested the Defendant to repair defects, and the repair work was performed for some defects, but there still remain defects in the section for exclusive use and section for common use of the apartment complex in this case.
The Plaintiff transferred the damage claim in lieu of defect repair from the sectional owners of 569 households among the 609 households in total of the apartment complex of this case (hereinafter “transfer household of this case”) to January 30, 2019. The Plaintiff acquired the damage claim in lieu of the defect repair, and the notification of the assignment of the claim was also made.
The above assignment of claims was made separately. Of the sectional owners of the apartment complex of this case, the assignment of claims for damages in lieu of defect repairs is made by the sectional owners.