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1. The Defendant’s KRW 372,435,986 as well as the Plaintiff’s annual rate from August 13, 2014 to January 14, 2015.
Reasons
1. Basic facts
A. In order to manage three and 295 households of Daegu Jung-gu A apartment (hereinafter “instant apartment”), the Plaintiff is an autonomous management organization organized by its occupants. The Defendant newly constructed and sold the instant apartment, and entered into a sales contract (hereinafter “instant sales contract”) with each seller after obtaining approval for use on or around August 2006, as a project proprietor who newly built and sold the instant apartment.
B. 1) In constructing the instant apartment, the Defendant did not construct the part to be built in accordance with the design document, or performed defective construction or modified construction, and there were defects such as rupture and water leakages in the common area and the section for exclusive use of the instant apartment. 2) At the request of the sectional owners or occupants, the Plaintiff requested the repair of defects several times against the Defendant. Accordingly, even though the Defendant was performing partial repair construction, there are defects in the items of damages in the common area and the section for exclusive use of the instant apartment as the repair was not properly performed.
C. The Plaintiff, among the total 295 households of the instant apartment owners (a total of 23,268.1 square meters in total), acquired the damage claim due to the defect in the instant apartment that the Defendant had against the Defendant from 272 households (hereinafter “transfer household of this case”) and notified the Defendant of the transfer of each of the claims upon delegation of the authority to notify the transfer.
The sum of the total area of the transfer household of this case constitutes 92.04% of the aggregate of the total area of the entire household of this case’s apartment complex (i.e., 21,416 square meters/23,268.1 square meters x 100, and less than the second decimal place).
The amount of damages caused by defects is about the common use area of the apartment of this case.