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(영문) 서울중앙지방법원 2015.10.21 2013가합80523
손해배상(기) 등
Text

1. The Defendant’s KRW 642,584,618 as well as the Plaintiff’s annual rate of KRW 5% from December 13, 2014 to October 21, 2015.

Reasons

Basic Facts

The plaintiff is an autonomous management organization organized by occupants for the management of 8, 607 households and ancillary facilities (hereinafter “the apartment of this case”) of the Woo-gu, Busan. The plaintiff is an autonomous management organization composed of occupants for the management of 8, 607 households and auxiliary facilities.

The defendant is an executor who constructed and sold the apartment of this case.

The apartment of this case was approved on November 24, 2005.

The defects, such as rupture, have occurred in the apartment of this case due to the non-construction, modified construction, and defective construction, which is the construction works of the apartment of this case. In the case where a part of the apartment of this case was built by the method of repairing the defects of the outer wall rupture, the defect repair expenses

(Specific Details are as shown in Attachment 1-1, 1-2; hereinafter the same shall apply to the calculation convenience). The Plaintiff acquired the right to claim damages in lieu of the defect repairs from the sectional owners of 593 households among the total 607 households of the apartment of this case, and accordingly the notification of the assignment of claims was made. The ratio of the assignment of claims (the total ratio of the total amount of the total amount of the total amount of the total amount of the total amount of the total amount of the deposit, hereinafter the same shall apply) is 97.

In the case of 526 households, the assignment of claims and the notification of transfer was made on February 2, 2014, and in the case of the remaining 67 households, the assignment of claims and the notification of transfer was made on August 22, 2014.

Claims for damages arising from the assignment of claims shall be as specified in the following table:

(A) In the case of the former part in the above table, it is calculated by reflecting the transferred generation as shown in the attached Table 2 in the case of the co-owned part, and by multiplying the transfer ratio in the case of the co-owned part). [The grounds for recognition] of absence of dispute, Gap evidence 1, 3 through 6 (including the branch numbers in the case of the co-owned part; hereinafter the same shall apply), Eul evidence 2 through 4, the results of each appraisal by appraiser A (including the results of each entrustment to the above appraiser by this court; hereinafter the same shall apply), and the occurrence and scope of defects in the judgment of the whole purport of the pleadings.

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