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(영문) 서울중앙지방법원 2017.01.20 2013가합512884
손해배상(기)
Text

1. The defendant's amount of money stated in attached Table 1 for the remaining plaintiffs except the plaintiff A and B, respectively.

Reasons

1. The following facts are found to be either in dispute between the parties or in light of the overall purport of the pleadings as a whole in each entry in Gap evidence 1-1-647 and Gap evidence 2:

A. The Defendant is a company that newly built and sold a D apartment with 11 Dong-dong 1244, Dong-dong 1244, Dong-dong, Manyang-si (hereinafter “the apartment of this case”). The Defendant’s assistant intervenor is a company that constructed the new construction work (hereinafter “the construction of this case”) after being awarded a contract with the Defendant. The Plaintiffs are co-owners (including co-owners) as to the pertinent households, and the entire area of the household that owned each co-ownership is written in the column of “pre-owned area” under the same Table.

B. The inspection date of the instant apartment is August 23, 2008.

2. In the instant apartment building asserted by the Plaintiffs, there is a defect in pre-use inspection, such as the item compared to the project approval drawing(s) in attached Table 1 (excluding item with a blank space), the repair cost is the total of KRW 4,571,947,106, and there is a defect in pre-use inspection such as the item compared to the approval drawing(s) of the same Table(s) (excluding item with a blank space), and the repair cost is the total of KRW 58,33,01.

As the sectional owners of the apartment of this case, according to the ratio of their respective lots, the plaintiffs seek for the payment of the amount equivalent to the repair cost as to the defect compared to the above project approval drawing as damages for non-performance of obligation under the sales contract, and as the preliminary damages in lieu of defect repairs, as to the defect in comparison with the above approval drawing, the amount equivalent to the repair cost as a substitute for defect repairs.

3. Determination as to the cause of action

A. The seller's default liability or warranty liability for the part 1-related legal principles different from the project approval drawing is a special agreement between the parties concerned.

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