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1. The defendant's KRW 2,494,779,111 as well as 5% per annum from August 14, 2008 to June 18, 2009 to the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an autonomous management organization composed of the representatives of occupants from each Dong-dong, 15 apartment complexes of 15, Dong-gu, Ansan-si (hereinafter “instant apartment complex”). The Defendant is a project proprietor who sold the instant apartment after obtaining business approval from the Ansan-si market. The Defendant’s supplementary participant is a contractor who purchased the instant apartment construction from the Defendant and constructed the instant apartment complex.
B. On April 20, 2002, the Defendant underwent a pre-use inspection on the instant apartment from the Ansan market.
C. The plaintiff found that there was any defect arising from the design change, erroneous construction, unconstruction, modified construction, defective construction, etc. inappropriate for the section for common use and section for exclusive use of the apartment in this case, and requested the defendant to repair the defect several times during that period. However, the plaintiff filed the lawsuit in this case on November 21, 2006 in order to receive damages in lieu of the defect repair of the apartment in this case from the defendant in order to compensate for damages in lieu of the defect repair of the apartment in this case, and thereafter, the owner of the remaining 965 households except 10 households among the 975 households of the apartment in this case transferred the right to claim damages in lieu of the defect repair of the apartment in this case to the plaintiff, and completed the notification of the assignment of the claim to the defendant. As above, the ratio calculated by dividing the whole area of the household that completed the procedure for transferring the claim as above by the whole area of the entire household by about 99.04% (=53,04.54/53
Attached Form
2. D. On November 21, 2006, the filing date of the instant apartment, KRW 3,146,965,000 for the entire defect repair cost (i.e., the total defect repair cost for common areas, etc.) + KRW 1,702,076,00 for the entire defect repair cost for common areas, etc. + KRW 1,44,889,00 for the defect repair cost for the section for exclusive use)
3. There were any defects such as the entries in the detail list of defects.
E. Meanwhile, among the defect repair cost for the above section of exclusive ownership, the defect repair is substituted for the Plaintiff.