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(영문) 수원지방법원 2016.04.07 2013가합28134
손해배상(기)
Text

1. The defendant Lechis Co., Ltd. shall calculate the attached amount of damages to the plaintiff (appointed parties) and the appointed parties.

Reasons

1. Basic facts

A. The status of the parties 1) The Plaintiff (Appointed Party) and the appointed parties (hereinafter “Plaintiffs”).

) The Daegu-gun apartment B (hereinafter referred to as the “instant apartment”).

(2) Of the 785 households, each apartment unit is owned as indicated in the separate sheet of calculation of damages in attached Form 785 units. (2) Defendant Lehym Co., Ltd. (hereinafter “Defendant Lehym Co., Ltd.”) is a project proprietor who constructed and sold the apartment unit of this case, and Defendant Korea Development Co., Ltd. (hereinafter “Defendant Korea Development Co., Ltd”) is a new construction contractor of the apartment unit of this case.

B. On December 31, 2008, the apartment of this case where approval for the use of the apartment of this case and approval for the use of the defects occurred. The apartment of this case, which was approved for the use of the apartment of this case, was not constructed properly according to the design drawing, or constructed differently from the design drawing of this case, and the apartment of this case was constructed in the section for common use and section for exclusive use of the apartment of this case (excluding the items that are excluded from the defects in the part where the parties dispute over the defects as examined in Section 3(c) below).

【Defendant Appellants: The fact that there is no dispute, Gap evidence 1, Eul evidence 1, the appraiser C’s appraisal result, the result of the appraiser C’s appraisal, and the result of the request for complementary appraisal of this court C, the purport of the whole pleadings.

2. Determination as to the claim against the defendant Lewnds

A. According to Article 9(1) of the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 9647 of May 8, 2009), Defendant Lehick Co., Ltd., a company that sold the apartment of this case, shall be liable to compensate the plaintiffs, who are sectional owners of the apartment of this case, for damages in lieu of the defect repair of the apartment of this case.

Therefore, the Plaintiffs.

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