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1. The plaintiff's lawsuit against the defendant C is dismissed.
2. Defendant B Co., Ltd. shall be KRW 191,139,658 to the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff’s status as the parties to the instant condominium is a Atel located in Busan Metropolitan Government D (hereinafter “instant condominium”).
(2) The Defendant B Co., Ltd. (hereinafter “Defendant B”) is a project proprietor who constructed and sold the instant aggregate building, and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is a construction company that receives and executes a new construction of the instant aggregate building from Defendant B for the management of the office and its ancillary and welfare facilities.
B. On April 12, 2013, Defendant C obtained approval for the use of the instant aggregate building from the head of Busan District Office.
C. 1) As to the construction of the instant aggregate building, Defendant C did not construct the part to be constructed in accordance with the design drawing, or performed defective construction or modified construction, the defects such as rupture, etc. were caused to the instant aggregate building and the section for exclusive use. As a result, the failure to function as well as safety in the instant aggregate building could have been impeded. Accordingly, the Plaintiff’s occupant or sectional owner (hereinafter collectively referred to as “Plaintiff, etc.”).
(2) Defendant B requested Defendant B to repair various defects arising from the instant aggregate building from April 16, 2015 on several occasions. (2) As Defendant B failed to properly perform the duty of repair of defects due to the failure to pay the instant aggregate building fees or failing to properly perform the duty of repair of defects, Defendant B remains as the same defect as indicated in the separate section for common use and section for exclusive use (hereinafter “instant defect”) in the separate section for common use and section for exclusive use of the instant aggregate building as indicated in the separate list of defects by the defect list of sections for exclusive use and section for exclusive use (hereinafter “the instant defect”).
Transfer, etc. of damage liability in lieu of defect repairs.