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(영문) 인천지방법원부천지원 2017.09.08 2015가합102575

손해배상(건)

Text

1. All lawsuits filed against the Defendant Heavy Construction Co., Ltd. by the Plaintiff (Appointeds) and the designated parties shall be dismissed.

2...

Reasons

1. Basic facts

A. “E” is an aggregate building of the fourth underground floor and the 12th floor size above the ground located in F in Kimpo-si (hereinafter “instant building”); the Plaintiffs and the designated parties are sectional owners of the instant building; the individual details of each shop owned by the Plaintiffs and the designated parties are as shown in [Attachment 2] attached Table 2, and the exclusive contents of each shop owned by the Plaintiffs and the designated parties are as indicated in the corresponding column.

The building of this case is a total of 61 households, total of 4,603 square meters, and the household owned by the plaintiffs and the designated parties among them is a total of 44 households.

On the other hand, all the designated parties except H(No. 1) and I(No. 2) are buyers who directly concluded a sales contract with Defendant C, etc.

Defendant C and D (hereinafter “Defendant C, etc.”) are the project implementer who constructed and sold the instant building, and the Defendant Heavy Construction Co., Ltd. (hereinafter “Defendant Co., Ltd”) is the construction works of the instant building.

B. The instant building obtained approval for use on October 11, 2013. A large number of defects, such as the rupture of the building and water leakage, have occurred after the occupancy, and sectional owners requested the repair of defects to the Defendants, but the defect repair was not performed properly.

C. A defect that can be repaired, such as the defect of the section for common use and section for exclusive use and the cost of repairing the defect, which was determined by appraiser G based on all the specifications of the building in this case, was directly calculated the cost of repairing the defect by calculating the unit price based on the standard unit cost. The defect that is impossible to repair the defect was calculated due to the defect. If the defect is not significant and excessive cost is required to repair the defect without any defect, the difference between the exchange value of the object and the defective condition shall be calculated, but the defect that is inappropriate to calculate the exchange value shall be calculated based on the difference between the cost of construction and the defective condition if the defect was constructed without any defect.