beta
Text
1. The Defendant’s KRW 394,914,114 as well as the Plaintiff’s annual rate of KRW 5% from April 25, 2017 to December 20, 2018.
Reasons
1. Basic facts
A. The Plaintiff is an autonomous organization composed of the entire 266 generations in Nam-gu, Nam-gu, Gwangju (hereinafter “instant apartment”).
The Defendant sold the apartment of this case, and the Intervenor B and C were in charge of part of the apartment construction of this case.
B. On May 9, 2014, the Defendant, upon obtaining approval for the use of the instant apartment, delivered each of the instant apartment units to the sectional owners around that time. A defect occurred in the section for common use and section for exclusive use of the instant apartment.
Accordingly, the Plaintiff requested the Defendant to repair defects from July 21, 2014 to March 17, 2016. However, the Defendant still remains in the instant apartment due to its failure to perform the defect repair obligation, such as the defect item column in the separate sheet of the defect repair expense (hereinafter “instant defect”).
C. The Plaintiff, among the total 266 households of the instant apartment, acquired the damage claim in lieu of the defect repair of the instant apartment from the sectional owners of the 246 household units (hereinafter “transfer household of the instant apartment”). Upon delegation of the authority to notify the assignment of the claim, the Plaintiff acquired the damage claim in lieu of the defect repair of the instant apartment, and received the delegation of the authority to notify the assignment of the claim (201
C. On three occasions on May 3, 2018, the Defendant notified the Defendant of the assignment of claims (42 households) and on three occasions on May 3, 2018.
(2) Of the foregoing households, two households have withdrawn the assignment of claims). The ratio occupied by the whole area of the entire household of the apartment of this case to the whole area of the apartment of this case is 92.40% (=19,924.03С ¡À21,562.77С ± 100 and a small number of households).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including the number of branch offices; hereinafter the same shall apply), the result of the appraisal by appraiser D (hereinafter " appraiser"), and the result of the appraisal by appraiser Nos. 1 to 8 (including the number of branch offices; hereinafter the same shall apply) respectively.