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(영문) 인천지방법원 2015.04.07 2013가합290
하자보수금
Text

1. The Defendant’s KRW 1,750,443,547 among the Plaintiff and KRW 641,911,114 among the Plaintiff, shall be from February 2, 2013, and KRW 248,625,684.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management body composed of representatives elected by occupants pursuant to the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 7502 of May 26, 2005; hereinafter “former Act on the Ownership and Management of Aggregate Buildings”) in order to manage 20 apartment complexes of Samsan-gu, Busan Metropolitan City 2, 440-1, Samsan-gu, Incheon Metropolitan City 20-1, 1873 apartment complexes of 20-dong, 1,873 (hereinafter “instant apartment complex”). The Defendant is a project proprietor who constructed and sold the instant apartment complex.

B. On June 8, 2005, the Defendant leased each of the instant apartment units to a public rental apartment pursuant to the Rental Housing Act after obtaining approval for the use of the instant apartment, and converted the lease from August 2010 to a public rental apartment.

C. The Defendant did not construct the part to be constructed in accordance with the design drawing while constructing the instant apartment, or repaired several defects after the approval for use by changing the same differently from the defective construction or design drawing. However, there still remains any defects such as the section for common use and the section for exclusive use of the instant apartment as indicated in the separate sheet by the defect list (hereinafter “each of the instant defects”) up to the present, and in order to repair the defects, the Defendant is required to pay the same expenses as indicated in the comprehensive table for defect repair.

[2] 30,34,750,750,750,750,730,430,430,56325,658,640,640,640,640 142,167,109,260,0209,949,69,698,200 93,216,200 320,344,750,750,2180,930,430,430,430,5630,6478,6478,6478,640,640,540,579,579,647,579,2967,57,965,207,967,47,57,296,57,296,57,296,57,294,205,7

D. The Plaintiff is a sectional owner of 1,755 households among the 1,873 households of the instant apartment. The Plaintiff is a “transfer household of the instant case” and the remaining households are below the other households.

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