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(영문) 인천지방법원 2021.02.05 2017가합52169
하자보수비 등 청구의 소
Text

1. The Defendant’s KRW 516,115,209 and KRW 464,452,50 among the Plaintiff and KRW 1,947,834 from March 14, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a self-governing organization comprised of the representatives of the occupants in order to manage 6 households of 244 households of Seo-gu Incheon, Seo-gu, Incheon, and the defendant is a project undertaker who sold the above apartment.

B. The said apartment complex was approved on March 16, 2012 for the occurrence of defects and for the performance of the repair of defects.

2) In the process of construction of the above apartment, the parts to be constructed according to the design drawing have not been constructed, or have been constructed differently or poorly from the design drawing, and defects such as rupture, water leakage, etc. have occurred in the common area and the section for exclusive use of the above apartment, and the function, safety, and aesthetic view has been hindered.

3) The owners of the above apartment units have requested the Defendant to repair the defects that occurred in the above apartment units. However, the above apartment units have the same defects as stated in the separate list of the defects in common areas and the separate list of the defects in attached Table 1 and attached Table 2. The repair costs are as listed in the separate list of the defects in attached Table 2. (The calculation of the defective repair costs was also based on the head, and the expert's correction was also reflected in the separate list of the withdrawn parts and the result of the correction was 7448, 747, 8648, 2748, 2748, 27486, 2748, 4786, 27486, 4757, 27486, 2757, 27864, 27864, 27868, 36486, 3686, 2964, 286386, 2864, 267564864

C. The Plaintiff’s transfer of the damage claim in lieu of the defect repair is one of the foregoing apartment units 244 households over four occasions as indicated below.

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