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(영문) 수원지방법원 성남지원 2018.09.11 2015가합201080
양수금
Text

1. As to KRW 632,352,552 among the Plaintiff and KRW 101,00,000, the Defendant shall pay to the Plaintiff KRW 531,352,52.

Reasons

1. Basic facts

A. Status 1) The Plaintiff is the Seo-gu Incheon Metropolitan Government A apartment (hereinafter “instant apartment”).

2) Of the 1,767 households, 10 households of parcelling-out (404 Dong, 407 Dong, 412 Dong, 414 Dong, 417 to 422 Dong), 512 households are autonomous management organizations consisting of residents of 22 households, and the Defendant is a new apartment construction company of this case (hereinafter “instant construction”).

(2) The apartment building of this case was approved on September 16, 201, and the apartment building of this case was occupied around that time. The Defendant constructed the apartment building of this case and built 10 Dong Dong 1767 households, 10 Dong 512 households among 22 Dong 1767 households (hereinafter “sale household of this case”).

(1) the remainder 1,255 households (hereinafter referred to as “instant leased households”) after selling in lots.

(c) The apartment building of this case was leased. (c) In the process of constructing the apartment building of this case, the part to be constructed according to the design drawing was not constructed, or the alteration of the construction or defective construction was carried out differently from the design drawing. Accordingly, there was a defect such as rupture, water leakage, etc. in the section for exclusive use and section for common use of the apartment of this case.

Accordingly, the Plaintiff continuously requested the Defendant to repair various defects arising from the instant apartment since September 201, which occurred after the date of usage inspection at the request of the occupants or sectional owners.

2) Accordingly, even though the Defendant intended to perform a partial repair work, it did not complete the repair work, and thus, the section for exclusive use and section for common use of the instant apartment is still subject to the same defect as the description in the separate section for exclusive use and section for common use of the instant apartment as indicated in the

(a) remaining.

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