beta
Text
1. The Defendant’s KRW 5,821,130 as well as 5% per annum from January 13, 2015 to August 11, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a party. 1) The Plaintiff is an aggregate building A (hereinafter “instant building”) with the 4th underground and the 10th ground located on the 10th ground located on the Gai-gu Seoul Metropolitan Government ground.
The management body consisting of sectional owners. 2) The Defendant is a project proprietor who newly constructed the instant building on November 16, 2009 and sold it in units after undergoing the inspection of use on November 16, 209.
B. 1) The Defendant did not perform the construction of the instant building in accordance with the design drawings, or caused defects in the section for common use of the instant building due to defective construction or modified construction. Accordingly, the construction of the instant building would hinder the function, aesthetic view, or safety of the instant building. In addition, the construction of the instant building was 36,381,302,772,460,460,229,1469,720,793-35,843,9793,50,270,741,748,748,129, 179, 69, 6982) for the year 10th, 36,381, 302, 302, 460, 469, 720, 793-35, 9793, 270, 2701, 748, 129, 6982).
C. 1) The owners of 44 households, among the 57 households of the instant building, among the 57 households, assigned the Plaintiff the right to claim for the repair of the common areas that the instant building had against the executor of the instant building and the right to notify the assignment of the claims in lieu thereof on or around December 2014, while the instant lawsuit is pending, respectively. The Plaintiff delegated the right to notify the Defendant of the assignment of claims on or around January 7, 2015. The Plaintiff notified the Defendant of the assignment of claims and sent the notification at that time (hereinafter “the instant assignment household”).
(2) The detailed details of the assignment of claims of this case and the area of the section for exclusive use by each household are as indicated in the list of household units with the assignment of claims. The total area of the section for exclusive use by the sectional owners is 4,876.