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(영문) 서울남부지방법원 2014.09.04 2011가합3214
손해배상(기)
Text

1. The defendant shall set up with the plaintiff (appointed party) (attached Form 1), and each of the designated parties stated in the name of the designated parties (attached Form 4), and 1,258 households.

Reasons

Basic Facts

The plaintiffs and the designated parties indicated in the name list of the designated parties (hereinafter referred to as "Plaintiffs") are the companies that newly built and sold the above apartment on July 10, 2014, which is the date of closing argument of the 19 Dong Dong 1265 households of Kimpo-si apartment (hereinafter referred to as "the apartment of this case"), and the defendant is the companies that newly built and sold it.

On August 200, the Defendant had undergone a pre-use inspection on August 26, 200 on the apartment of this case and occupied residents around that time.

Since January 4, 2001, occupants filed several requests for defect repair to the defendant several times from January 4, 2001, but failed to implement the request properly.

On July 24, 2006, at the time of the previous lawsuit, some of the sectional owners of the apartment of this case (1,265 households excluding 35 households among the 1,265 households) and the council of occupants' representatives filed a lawsuit against the defendant who was the seller and the non-party housing guarantee company (hereinafter "Korean Housing Guarantee") as Seoul Southern District Court 2006Gahap12337. The above sectional owners filed a lawsuit against the defendant who was the seller and the non-party housing guarantee company, as Seoul Southern District Court 2006Gahap12337. The above sectional owners claimed damages against the defendant as a substitute for defect repair under Article 9 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "Act on the Ownership and Management of Aggregate Buildings"), and ② the council of occupants' representatives filed a claim against the guarantee company for the guarantee company for the repair of defects under the guarantee contract for defect repair.

On August 22, 2008, the court of first instance rendered a judgment of winning part of the sectional owners and of winning the entire council of occupants' representatives after the appraisal of defects, and the sectional owners against the defendant and the house guarantee against the defendant regarding the part against which they lost.

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