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(영문) 서울남부지방법원 2020.08.18 2018가합115253
하자보수에 갈음하는 손해배상 등 청구
Text

1. Defendant A, B, C, and D jointly (attached Form 2) “owner” in the cited amount table shall be the relevant Plaintiffs and Plaintiff.

Reasons

Basic Facts

The position of the parties [Attachment 1] The plaintiffs and the succeeding intervenors in the list of the plaintiffs and the succeeding intervenors of the plaintiffs (hereinafter referred to as "the plaintiffs") are sectional owners of Ltel in Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as "the instant condominium building") as of the date of the closing of argument in the instant case, or those who were sectional owners at the time of the instant lawsuit.

From this point of view, Plaintiff F (P), G (PP No. 19), H (P. 62), I (P. 71), and J (P. 169) (hereinafter “former owner”) sold each household amounting to “Dong”, and “S.” in the same Table after the instant lawsuit was filed (hereinafter “former owner”), and transferred the ownership of the relevant household to the Plaintiff successor.

Defendant A, B, C, and D are buyers of the instant aggregate building, and Defendant E Co., Ltd. (hereinafter “Defendant E”) are the construction works of the instant aggregate building.

The aggregate building in this case consists of four units, 212 units, and other auxiliary welfare facilities, and on December 28, 2016, the apartment building in this case was delivered to occupants from the time of the approval for use.

As Defendant E newly constructed the instant aggregate building, there was a defect in the section for common use and section for exclusive use of the instant aggregate building on the ground that the said section is not constructed in accordance with the design drawing, or the said section is not constructed in a way different from the drawing

Plaintiff

The Plaintiffs except the succeeding intervenors filed a claim against the Defendants for the performance of the repair of defects from the beginning of the occupancy to the filing of the instant lawsuit. On December 20, 2018, the Plaintiffs urged the Defendants to pay damages in lieu of the repair of defects.

Although Defendant E is remunerated for some defects, there are defects such as the sum of repair costs by the defect list of common areas and the [Attachment 5] sum of repair costs by the defect list of sections for exclusive use.

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