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(영문) 서울북부지방법원 2017.12.19 2017나32624
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a party’s status 1) The Plaintiff is a A apartment on the ground and 2 lots of land in Gangnam-gu Seoul Metropolitan Government E (hereinafter “instant apartment”).

(2) The Defendants, who newly built and sold the instant apartment, was approved for use on October 26, 2010 after the commencement of construction on October 23, 201, concluded a sales contract with each of the buyers around that time. The Defendants concluded a sales contract with each of the buyers.

B. 1) From the beginning of early 2011, the Defendants began to move into the instant apartment complex. 2) However, in constructing the instant apartment complex, the Defendants failed to construct the part to be built in accordance with the structural drawing or performed the defective construction, thereby causing a defect, such as rupture and water leakage, to the section for common use and section for exclusive use of the instant apartment.

3) The Plaintiff demanded repairs from the Defendants several times at the request of the sectional owners or the occupants. Accordingly, even though the Defendants performed partial repair works, the Defendants did not properly repair, and thus, the Plaintiff’s defect in the section for common use and section for exclusive use in the instant apartment as indicated below (hereinafter “instant defect”).

(1) There are remaining damages, such as repair costs, etc., due to the instant defects are as listed below. Items 14,5825,6313 of the floor crack of the first floor parking lot of 1,354,320 ground surface (unit : unit : 785,6313,6313 of the floor crack of the first floor parking lot of 727,6404, 101 outer wall crack 114,5825 rooftop 1,203,30777 71 floor 23,777,9358,713,7929, 7929, 104, 107, 1084, 107, 108, 107, 108, 104, 106, 107, 107, 107, 107, 1064, 1067, 197, 14,7

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