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(영문) 서울중앙지방법원 2020.10.21 2018가합570632
하자보수보증금 등 청구의 소
Text

The plaintiff's lawsuit against the defendant C is dismissed.

The Plaintiff

A. Defendant B Company 383,79,774 and 383.

Reasons

A. The Plaintiff is liable to compensate the Plaintiff for the damages in lieu of the defect repair from the sectional owner, within the scope of the claim that the Plaintiff acquired, in lieu of the defect repair.

B. The scope of damages amount is that the cost of repairing defects that occurred in the section for exclusive use of the apartment of this case is a total of KRW 138,825,540, and the cost of repairing defects that occurred in the section for common use is a total of KRW 358,371,507, and the Plaintiff acquired the damage claim in lieu of the defect repair from the household that transferred the claim of this case.

According to this, the damage claim in lieu of the defect repair in common areas belongs to each sectional owner according to the ratio of the area of the section for exclusive use. As such, the amount of damages in lieu of the defect repair in common areas by the household of the assignment of the instant claim for common areas is 324,042,086 won [=324,218,696 won [=324,218,501 x 90.47%) - 176,610 won (=12,873,4122 of the second defect in the second defect in the second defect in the second defect in the year 12,873,412 * 1.3719%)], 176,610 won, 12,610 won (the transfer rate of the third defect in the second defect in the second

The amount of damages in lieu of the defect repair of the household of the instant transfer of the instant transfer of the instant transfer of the right is KRW 127,487,061 [Attachment 3] of the 127,572,079 won indicated in the table of defect repair in the part of the household of the transfer of the instant transfer of the right to exclusively use in the instant transfer of the right to use in the instant transfer of the right to use in the instant transfer of the right to use in the instant transfer of the right to use in the transfer of the right to use in the instant transfer of the right to use in the instant transfer of the right to use in the instant transfer of the right to use in the instant transfer of the right to use in the instant transfer of the right to use in the instant transfer of the right to use in the instant transfer of the right to use in the instant transfer of the right to use in the instant transfer of the right to use in the instant transfer of the right to use in the instant transfer of the right to use the apartment after the lapse of three months from the date of approval for the use of the instant apartment.

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