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(영문) 서울중앙지방법원 2016.08.10 2013가합91370
손해배상(기)
Text

1. As to the Plaintiff KRW 365,210,474 and KRW 101,00,00 among them, the Defendant shall pay to the Plaintiff KRW 365,210,474 from January 1, 2014, and KRW 264,210,474.

Reasons

1. Basic facts

A. The Plaintiff as the party is an autonomous management body that consists of occupants for the management of the apartment complex of Eunpyeong New Town Village 7 Complex located in Eunpyeong-gu, Seoul (hereinafter “instant apartment complex”). The Defendant is a project proprietor who constructed and sold the instant apartment, and the Intervenor joining the Defendant (hereinafter “the Intervenor”) is the co-contractor of the instant apartment complex.

B. 1) The apartment of this case had undergone a pre-use inspection on May 14, 2008. The apartment of this case had to be constructed according to the design drawing, or had been constructed in a way different from or inadequate from the drawing, causing defects such as rupture and water leakage in the section for common use and the section for exclusive use. Since September 2009, the Plaintiff continuously demanded the Defendant and the Intervenor to repair the defects. 2) Accordingly, the Defendant and the Intervenor provided partial repair of the defects. However, the apartment of this case still remains in the co-ownership and the section for exclusive use of the apartment of this case, as described in the separate sheet by the defect list by the defect list by the annexed Table 1 and the separate sheet by the defect list by the annexed Table 2 (hereinafter “the defect of this case”). The comprehensive statement of the repair cost is as shown below.

(Criteria for Partial Map). The 1st year period of the 5th year following the 10th year following the 2nd year following the 3th year following the 10th year following the 10th year period of the 213,837,585,57326,476, 158, 8307,244,373,789 136,75,755,75 103,808,1388,396,782,8046,286,5643,073,904,922,493,993,96,404,404, 101,182,1587,475,4285,47,964,57,965,294,57,57,297,496,57,294,57,294,57

C. The Plaintiff is entitled to the transfer of the damage claim 1) from May 12, 2014 to June 13, 2016 to 255.5 households among the 287 apartment sales households of the instant apartment units (attached Form 3) (excluding the households indicated in the report on the repair of defects in the portion of exclusive ownership for the household that has not been transferred with bonds 3).

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