logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.09.13 2015가합49357
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The gist of the plaintiffs' assertion is the buyers of the Busan Dongdong-gu I apartment (hereinafter "the apartment of this case") that was executed by the defendant who was awarded a contract with H on April 3, 2013 after having been approved for use on construction by the owner of the building.

The apartment of this case contains a number of defects, such as ① the defects constructed differently from the design (in the ceiling height, the alteration of finishing materials for the stairs room, the lack of window glass thickness, the alteration of windows, the replacement of emergency power plant engines and the use of engine pumps recycling equipment for the string engine) and ② the defect of the opening and closing in accordance with the failure to construct the windows of windows, the defect of the string string string string string string string string and the failure to construct the floor of the living room, ③ the defect of the exposure of the outer wall string string string string string string string strings, ④ the defect of water leakage due to the defect of the distribution of the water through the parking lot, and the defect

As a business entity under Article 46(1) of the Housing Act, the Defendant, who is the contractor, is obligated to repair defects at the request of the occupant, etc. in the event of rupture, subsidence, damage, etc. caused by erroneous construction during the warranty period for each load-bearing structure and each facility construction within the warranty period. As such, the Defendant, upon the request of the tenant, etc., is liable for damages in lieu of the defect repair if the seller fails to perform the defect repair; and this is in a quasi-joint

In lieu of the defect of the apartment of this case, the defendant shall pay damages to the plaintiffs stated in the purport of the claim.

Judgment

The fact that the Defendant was a contractor for the construction of the instant apartment after being awarded a contract with the owner H for the construction of the instant apartment and obtained approval for use is no dispute between the parties.

In this regard, Article 46 (1) of the Housing Act provides only the "liability to repair defects" of the project undertaker, including the contractor, and Article 46 (3) of the same Act provides that the project undertaker, including the contractor, shall be the project undertaker in the event of a serious defect in the proof-proof structure

arrow