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(영문) 서울서부지방법원 2020.06.10 2018가합33435
손해배상(건)
Text

1. As to the Plaintiff KRW 707,838,664 and KRW 580,863,365 among them, the Defendant shall pay to the Plaintiff KRW 22,856,025 from May 3, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a managing body comprised of sectional owners around January 15, 2015 in order to manage an officetel Aytel in Mapo-gu Seoul (a 732 households and offices; hereinafter “instant building”) and the Defendant is a corporation for the purpose of apartment construction, sales, etc. and a seller of the instant building.

B. Around May 7, 2013, the Defendant started the construction of the instant building and obtained approval for the use of the instant building on December 30, 2014, completed the registration of initial ownership on January 8, 2015. Around that time, the Defendant completed the registration of initial ownership transfer to the sectional owners, and delivered each household unit with the completion of the registration of initial ownership transfer to the sectional owners.

C. A defect occurrence and defect repair cost of the instant building 1) The Defendant did not perform the construction works of the instant building while constructing the instant building, or performed defective construction or alteration of the construction differently from the drawing for usage inspection, thereby not meeting the normal quality in light of the functional characteristics, aesthetic features, safety defects or transactional norms of the instant building. (2) Accordingly, the Plaintiff continuously requested the Defendant to repair the defect at the request of the occupant or sectional owner of the instant building, and the Defendant partially repaired the defect.

However, there still remain still defects in the building of this case.

(The detailed contents are examined in Section B below). D.

The sectional owners of 586 households, among the 732 households of the instant building that transferred the right to claim damages, assigned the right to claim damages against the Defendant from December 11, 2017 to February 7, 2020, to the Plaintiff, and delegated the notification right. The Plaintiff notified the Defendant of the transfer of the right to claim damages seven times from April 12, 2018 to February 10, 2020, respectively.

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