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(영문) 서울중앙지방법원 2017.06.07 2015가합27489
손해배상(기)
Text

1. The Defendant’s KRW 310,675,95 as well as the Plaintiff’s annual rate from April 5, 2016 to June 7, 2017, and the following.

Reasons

1. Basic facts

A. The plaintiff is in the position of the parties 1) A apartment located within the Yongsan-si District B (hereinafter referred to as "the apartment of this case").

(2) The Defendant is a corporation that constructed and sold the instant apartment, and the Intervenor’s Intervenor is a company that supervised the instant apartment. The Defendant is a company that supervised the instant apartment.

B. Approval for the use of the apartment and the apartment of this case to move into the apartment have been approved on September 24, 2010, and around that time, the apartment of this case was delivered to the occupants.

C. The Defendant, while constructing the instant apartment, failed to construct, altered, or performed defective construction in accordance with the design drawings and specifications while constructing the instant apartment, there was a defect, such as the attached Table 1, the general table of the defect repair cost for the common areas and the section for exclusive use of the instant apartment, and the general table of the defect repair cost for the attached section 2. (hereinafter “instant defect”). D.

(1) A total of 424 households from among the apartment buildings of this case (attached Form 3) around March 2016, around August 2016, and around October 2016, the Plaintiff transferred a damage claim in lieu of defect repair (hereinafter referred to as “household that transfers a claim of this case”).

(2) The proportion of the entire area of the instant apartment complex to the Defendant is 86.8% [the total area of the exclusive ownership of the household that transferred the instant claim ± 53,845.18 square meters ± the total area of the exclusive ownership of the instant apartment complex 61,99.20 square meters) 】 100,000 square meters x 100,000 x 100,000 x 101 square meters of the total area of the exclusive ownership of the instant apartment complex (the total area of the exclusive ownership of the household that transferred the instant claim ± the total area of the exclusive ownership of the instant apartment complex x 61,00 square meters).

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 through 7.

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