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(영문) 서울중앙지방법원 2015.01.16 2013가합34940
손해배상(기) 등
Text

1. The Defendant’s KRW 574,673,774 and KRW 101,00,00 among the Plaintiff, respectively, shall be KRW 473,673,774 from May 16, 2013, and KRW 473,673,774.

Reasons

1. Circumstances leading to the dispute in this case;

A. The plaintiff is an autonomous management organization organized by the occupants in order to manage A apartment units in Gangseo-gu Seoul Metropolitan Government 8 and 629 units (357 units in sale, lease, 272 units, hereinafter "the apartment units in this case"). The defendant constructed and sold the apartment units in this case. The defendant's intervenor is a contractor who constructed the apartment units in this case.

B. On July 26, 2007, the apartment of this case, upon which the defects of the apartment of this case occurred, obtained approval for use on the apartment of this case. The defendant joining the defendant constructed the apartment of this case, and constructed the apartment of this case without construction of the part to be constructed in accordance with the design drawing, or altered differently from the design drawing, thereby causing defects such as rupture, water leakage, water quality, and water quality to the apartment of this case. Accordingly, the apartment of this case caused trouble in function, aesthetic or safety.

Accordingly, although the plaintiff requested the repair of defects to the defendant several times at the request of the tenant or sectional owner, some repair works have been performed, the defects still remain in the section for common use and section for exclusive use of the apartment in this case.

(Specific details are examined as follows 4.C.)

1) The Plaintiff acquired the claim for damages in lieu of the defect repair of the apartment in this case from the sectional owners of 337 households among the sectional owners of the 357 households in the sale of the apartment in this case, and notified the Defendant of the fact of the transfer of the claim. 2) Meanwhile, the ratio calculated by dividing the total area of the household that transferred the claim to the Plaintiff by the total section of exclusive ownership of the entire apartment unit in this case by the total area of the apartment unit unit unit unit in this case 94.3% = the total area of the household that transferred the claim to the Plaintiff 28,538.08 square meters ± the total area of the exclusive ownership of the household that transferred the claim ± the total area of the unit unit in this case 30,2

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