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(영문) 서울중앙지방법원 2014.10.22 2012가합52705
손해배상(기)
Text

1. Of the instant lawsuit, Defendant Kudong Construction Co., Ltd., a rehabilitation company, a lawsuit taking over the lawsuit of Defendant Kudong Construction Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party), the designated parties, and the Plaintiffs (hereinafter collectively referred to as the “Plaintiffs”) are sectional owners of L apartment located in Seongbuk-gu Seoul Metropolitan Government K (hereinafter “instant apartment”). The sum of the area of the exclusive ownership of the instant apartment is 18,808 square meters.2 square meters.

B. Defendant Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust Co., Ltd.”) is a project proprietor who constructed and sold the instant apartment, and Defendant C Co., Ltd. (hereinafter “C”) is a company that entrusted or trusted to Defendant Korea Land Trust property, such as the sale business of the said apartment, the land related thereto, etc., to the company that entrusted or entrusted the sale of the said apartment, and Defendant Kudong Construction Co., Ltd. (hereinafter “Dadong Construction Co.,, Ltd.”), the administrator of the Kudong Construction Co., Ltd. (hereinafter “Dadong Construction”) is the time construction of the said apartment.

C. Based on the approval drawing for use, the part to be constructed in the apartment of this case is not constructed or the part to be modified, constructed, or constructed in a way different from the drawing has been constructed. Accordingly, there was a defect in the contents of the common part and the section for exclusive use of the apartment of this case as stated in the separate section for common use and the section for exclusive use in attached Form 3. The amount necessary for repairing the defect is as listed below

[The part of the defect of the section for common use, unlike the project approval drawings asserted by the Plaintiff, is 370,159,212 won (=367,052,710 won 3,106,502 won) in total, including the defect repair cost of the part recognized as the defect of the section for common use, other than the project approval drawings. The total amount of the defect repair cost of the section for common use, which is recognized as the defect of the section for common use, unlike the project approval drawings, is 101,958,462,402,4541,785, 282,6320,6320,158, 1516, 1581, 305, 305, 206, 379, 105, 397, 105, 259, 196, 397, 2597, 1057, 19637

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