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(영문) 수원지방법원안양지원 2016.06.23 2015가단2889
하자보수금
Text

1. The defendant has to the plaintiffs each stated in the "request amount" column in the attached Table, and as to the money, from March 31, 2016.

Reasons

1. Facts of recognition;

A. During Ansan-si, the Defendant newly constructed and sold JN apartment on the ground of JM, 13 units, 71 units, and JN apartment units (hereinafter “instant apartment”). The instant apartment units consist of 38 square meters, 46 square meters, and 52 square meters, and the Plaintiffs are sectional owners of the said apartment units, and the Defendant’s Intervenor entered into a contract with the Defendant on construction of the said apartment units and constructed the said apartment units on August 2010.

B. On October 6, 2008, the Defendant obtained approval of the business plan for the instant apartment pursuant to Article 16 of the Housing Act, and concluded a sales contract for the said apartment from December 28, 2009 to December 30, 2009, and obtained approval for the use of the said apartment on March 19, 2012.

C. The completion drawings of the apartment of this case indicate that a water line is installed at the central center of the right-hand side of the joint bath room. The joint bath room of each apartment of this case owned by the plaintiffs does not have the above water line. The 38 square type completion drawings of the apartment of this case indicate that a water line is installed at the lower-side of the husband’s bath room. The plaintiff’s common bath room of the above apartment of this case with the 38 square type apartment is not a water line receipt room for the above three-dimensional apartment of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 8 (including evidence attached with each number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The summary of the plaintiffs' assertion should be determined on the basis of the completion drawing. Unlike the completion drawing for the above apartment, a hand-line has not been installed in the central part of the right-hand side of all common bathing rooms owned by the plaintiffs, and in the case of 38 square meters, a hand-line was not installed in the small center of the common bathing rooms owned by the plaintiffs.

Meanwhile, according to Article 9(1) of the Act on the Ownership and Management of Aggregate Buildings.

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