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(영문) 인천지방법원 2017.12.08 2016가합50418
손해배상(기)
Text

1. The Defendant’s KRW 1,264,832,592 among the Plaintiff and KRW 47,415,118 among the Plaintiff, shall be KRW 1,193,518 from February 13, 2016, and KRW 1,193,518,174.

Reasons

1. Basic facts

A. The status of the parties concerned is the autonomous management body composed of the occupants in order to manage the 692 household units of the Seo-gu Incheon, Seo-gu A apartment, 7, 692 apartment units (hereinafter “the apartment unit of this case”). The defendant is a project proprietor who newly constructed and sold the apartment unit of this case, and the supplementary intervenor joining the defendant (hereinafter “participating”) is a company that constructed the new apartment unit of this case by contract

On July 19, 2010, the defendant obtained approval for the use of the apartment of this case from the Mayor of Incheon Metropolitan City.

B. 1) In constructing the instant apartment, the Defendant did not construct the part to be constructed in accordance with the design drawing, or performed defective construction or modified construction, thereby causing defects such as rupture and water leakage to the section for common use and the section for exclusive use of the instant apartment. As a result, the Plaintiff’s request for repair of defects continuously from November 201 to November 2015 at the request of the occupants or sectional owners of the instant apartment, and the Defendant and the Intervenor continued to repair some defects. However, there are still defects such as the section for common use and the section for exclusive use of the instant apartment (attached Form 1) and [attached Form 2].

C. The Plaintiff acquires the damage claim in lieu of defect repair 1) The sectional owners of 677 households among the 692 households of the apartment of this case (hereinafter “transfer household of this case”).

(2) From the perspective of determining whether the transfer of the instant apartment that the Defendant had against the Defendant is a party to claim damages in lieu of the defect repair of the instant apartment, and the Defendant notified the Defendant of the transfer of each claim as indicated in the following table with the authority delegated by the instant transferor household to notify the fact of the transfer of claims. The sum of the total area of the total area of the transfer of the number of transfer households (25 households, 125 households, 125 households, 125 households, 28, 898, 903.

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