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(영문) 서울고등법원 2018.05.11 2017나2061707
하자보수금 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the next order of payment shall be revoked, and that part shall be revoked.

Reasons

Basic Facts

The status of the parties is an autonomous management organization comprised of occupants to manage 7 Dong-dong 464 apartment units A (hereinafter referred to as the “instant apartment units”) in Seongbuk-gu, Sungnam-si.

The defendant is a project proprietor who constructed and sold the apartment of this case.

A pre-use inspection and the occupancy of the apartment of this case was conducted on November 2, 2009, and it was occupied from that time.

The occurrence of defects and the repair claim of the apartment of this case did not construct the part to be constructed in accordance with the design drawing while constructing the apartment of this case, or constructed the apartment of this case with the defective construction or with the alteration of the design drawing differently from the design drawing. As a result, there were defects such as rupture and water leakage in the section for common use and section for exclusive use of the apartment of this case.

Therefore, the Plaintiff had to request the Defendant to repair the defects at the request of the occupant or the sectional owner of the instant apartment, and some defects were to be repaired. However, the common areas and the section for exclusive use of the instant apartment still remains, such as the details of the defect repair expenses in the attached Table 1 (hereinafter “instant defect”). In the event that the repair of the section for common use and the section for exclusive use of the instant apartment is made a part of the remuneration for the crack of the outer wall, the following amount of money (unit:

The plaintiff is a 52,389,858, 420, 168, 168, 206, 206, 206, 585, 420, 168, 94, 302, 598, 652, 772, 65, 322, 181, 467, 479, 9231,053, 493, 493, 237, 48, 912, 8222, 23, 102, 576 130, 368, 206, 206, 532, 174, 1746, 2768, 2764, 2768, 294, 2786, 2764, 2967, 2796, 2794, 27674

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