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1. The Defendant’s KRW 357,139,059 for the Plaintiff and KRW 5% per annum from November 27, 2018 to June 5, 2020.
Reasons
1. Basic facts
A. The Plaintiff is an autonomous management body that consists of the representatives of occupants elected through lawful procedures among the residents of the 556-dong residents of the 7-dong, Gwangju Mine-gu A Apartment (hereinafter “instant apartment”), and the Defendant is a project proprietor who newly constructed and sold the instant apartment.
D Co., Ltd. and the Intervenor B Co., Ltd. (hereinafter “ Intervenor B”) contracted for the construction of the instant apartment from the Defendant, and constructed the instant apartment. The Intervenor Co., Ltd. contracted for the design service of the instant apartment from the Defendant and provided the Defendant with the design design drawing of the instant apartment.
B. The Defendant obtained approval for the use of the instant apartment on September 30, 2009, and transferred the instant apartment to lessee by leasing it as a public rental apartment pursuant to the Rental Housing Act, but on March 2015, converted for sale in lots.
C. The occurrence of defects and the repair performance claim of the apartment of this case newly constructed the apartment of this case, the construction of the apartment of this case did not construct the part to be constructed according to the design drawing, the defective construction, or the alteration of the design drawing to the section for common use and the section for exclusive use of the apartment of this case caused a defect such as rupture and water leakage, etc.
At the time of the sale for sale in lots, the apartment house in this case continued to have been a civil petition of occupants or sectional owners because the defendant did not accept the defects of each household even though it did not repair the defects, and at the request of the occupants or sectional owners, the plaintiff sent several public notices to the defendant from June 2016 to request the defendant to repair various defects arising from the apartment house in this case.
A letter of request for defect repair was served on the defendant around that time.
A-No. 5.