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(영문) 인천지방법원 2019.07.16 2017가합52008
하자보수금 등
Text

1. The Defendant’s KRW 4,068,253,310 among the Plaintiff and KRW 3,163,772,112 among the Plaintiff, shall be KRW 841,463,539.

Reasons

1. Facts of recognition;

A. The status of the parties is the autonomous management body that consists of the occupants to manage the 17-dong total of 938 households of Nam-gu Incheon Metropolitan City apartment complex A (hereinafter “instant apartment”), and the defendant is the project proprietor who newly built and sold the instant apartment.

B. The instant apartment building was approved for use on March 14, 2012. However, in the process of constructing the instant apartment, the construction of the part to be constructed in accordance with the design drawing was not carried out, or the construction of the instant apartment was carried out differently from the design drawing or in a defective manner, causing rupture, water leakage, etc. to the section for common use and the section for exclusive use, and the function, safety, or aesthetic view was hindered. 2) The Plaintiff continuously demanded the Defendant and the Si corporation to repair various defects arising from the instant apartment continuously from January 23, 2013 to April 11, 2017 at the request of the occupant or the sectional owner.

3) Despite the construction of partial defect repair of the apartment of this case, the apartment of this case still contains defects such as the sum table by the defect list of the common part part and the sum table by the defect list of the attached section 2, resulting in an impediment to the functional safety and aesthetic beauty, and if the repair cost is summarized in accordance with the warranty liability period, it is as shown below [Attachment 1] [Attachment 1] to reflect the criteria for the remainder of the repair cost, the items to be determined below, and even if there are items which are not separately determined, the defect repair cost was calculated by reflecting the modified or modified results in each appraisal request with respect to the appraiser B of this court.

(1) [Attachment 1] The general aggregate table of defect repair expenses (unit: the unit after the pre-use inspection prior to the original pre-use inspection) shall be equal before 2 years and 3 years and 10 years prior to the previous pre-use inspection.

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