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(영문) 수원지방법원 2019.01.17 2018나58714
하자보수금
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. On December 5, 201, the Plaintiff and the Selection-Party C completed the registration of ownership transfer with respect to each of 1/2 shares in Young-gu B Apartment-gu, Suwon-si (hereinafter “instant apartment”) Fdong G on the ground of “sale on January 5, 2009,” and completed the registration of ownership transfer with respect to each of 1/2 shares in the instant apartment Fdong H on the ground of “Sale on February 27, 2015” on July 2, 2015.

B. The defendant is an autonomous management organization composed of representatives from each Dong to manage the apartment of this case.

C. Article 5(2) of the Management Rules of the apartment complex of this case provides, “The section for common use refers to a facility jointly used by the occupants of the apartment complex, such as the corridor, stairs, and modernization of the residential common use area (paragraph (1) of this Article) and the building on the ground of the apartment complex, such as an elevator, other than the section for common use under paragraph (1). It refers to a facility jointly used by all occupants, etc. in the apartment complex, such as the underground floor, management office, security room, street room, child-care center, and resident common facilities, with the exception of the area for housing supply under subparagraph 1 of the other common use section ( Subparagraph ( Subparagraph (2). It shall be the housing section, incidental facilities, and welfare facilities, and their site, and its scope shall be as specified in attached Table 3.” Article 5(4) of the Management Rules of this case provides, “The scope of common use area is specified in attached Table 3 [Attachment

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The “Nearwater Division” indicated in the separate sheet indicating the liability for damages due to the defect in common areas (hereinafter “the instant water section”) falls under the roof of the instant apartment Fdong G, and the instant apartment building’s common areas, which is the instant apartment building’s common areas. The responsibility for management is the responsibility for the instant apartment building’s common areas.

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