하자보수금 등
1. The Defendant’s KRW 578,143,181 among the Plaintiff and KRW 101,00,000 among the Plaintiff, shall be KRW 477,143,181 from February 20, 2013 to KRW 477,143,181.
1. Basic facts
A. The Plaintiff is an autonomous organization composed of occupants of the Orcheon-gu A Apartment (hereinafter “the apartment of this case”). Defendant (the Korea National Housing Corporation and the Korea Land Corporation were merged on October 1, 2009 and became the Defendant) is a project proprietor who newly constructed and sold the apartment of this case, and the Defendant’s auxiliary intervenor is a construction contractor that undertaken the new construction of the apartment of this case.
B. On July 6, 2006, after obtaining approval for the use of the instant apartment, the Defendant leased each of the instant apartment units to the public pursuant to the Rental Housing Act, which was converted to parcelling-out around September 201.
C. The Defendant, while constructing the instant apartment, did not construct the part to be constructed in accordance with the design drawing, or modified and constructed differently from the defective construction or design drawing, and thereafter repaired several times after the approval for use. However, there still exist defects such as the attached Tables 1 and 2 to the section for common use and section for exclusive use of the instant apartment.
The owners of 515 households among the 550 households of the entire apartment of this case transferred the damage claim in lieu of the defect repair of the apartment of this case (hereinafter “damage claim of this case”) to the Plaintiff, and delegate the authority to notify the assignment of the claim to the Plaintiff, and the Plaintiff notified the Defendant of the assignment of claim.
E. The sum of the exclusive ownership area of some sectional owners who transferred the damage claim of this case to the Plaintiff is 29,949.06 square meters, and the ratio occupied by the aggregate of 32,030.32 square meters of the total exclusive ownership area of the apartment of this case is 93.50% (i.e., 29,949.06/32,030.32 square meters x 100% x 100%, and less than the third place). The sum of the defect repair expenses in the list of the non-transfer households of the claim and the portion of exclusive ownership is listed in
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the result of appraiser B's appraisal, the result of each request for the supplementation of appraiser B by this court, as a whole.