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(영문) 서울중앙지방법원 2018.03.29 2016가합566059
손해배상
Text

1. The Defendant’s KRW 100,252,586 as well as the Plaintiff’s annual rate of KRW 6% from November 15, 2016 to March 29, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a contract for work. The Plaintiff is an apartment apartment of the Gangseo-gu Seoul Metropolitan Government 20-ro, Gangdong-gu, 97-ro 20-ro, Gangdong-gu, Seoul (hereinafter “instant apartment”).

(2) The Plaintiff concluded a contract for the instant apartment construction work with the Central Construction Co., Ltd. that constitutes a joint venture (joint venture) around 2006, and the Defendant.

B. 1) The apartment of this case had been inspected on March 19, 2009 and had been occupied by several buyers. The defendant, in constructing the apartment of this case, failed to construct the part to be constructed in accordance with the design drawing, or changed the part to be constructed differently from the defective construction or design drawing, resulting in a defect in the section for common use and the section for exclusive use after the inspection of the apartment of this case. 2) The council of occupants' representatives, an autonomous management organization composed of the occupants of the apartment of this case, has taken over the damages claim against the plaintiff from the sectional owners of 216 households (37.53% of the size of the section for exclusive use) among the total 24 households of the unit of the apartment of this case. On March 2014, the court ordered the plaintiff to pay damages claim against the plaintiff (Seoul Central District Court 2014Gahap1593, Aug. 12, 2015). The judgment of the council of occupants' representatives became final and conclusive as to the plaintiff's damages damages claim against the plaintiff.

3) The section for common use of the apartment of this case is ① the section for common use of the apartment of this case, ② the section for common use of the leased household, ③ the whole household (the lease household of this case

The common areas ( underground parking lots, ground landscaping, etc.) can be divided into common areas (ground parking lots, ground landscaping, etc.) of the Plaintiff. On or around July 2015, the section for exclusive use and common areas of the selling household (224 households) of the apartment of this case and the entire household (sale household)

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