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(영문) 광주지방법원 2012.07.20 2009가합5706
손해배상(기)
Text

1. The defendant's list Nos. 41, 49, 63, 64, 84, 97, 98, 11, 113, 116, 131, 135, 142, 149, 158, 178, 180, 182, 182.

Reasons

1. The basic facts are the interest starting construction work for the project undertaker who constructed and sold 10 Dong Dong-dong 753 apartment units A located in Gwangju Mine-gu (hereinafter “instant apartment”), and the plaintiffs are those who owned or owned 194 households listed in the [Attachment 1] List 10, 11, 18, 27, 28, 41, 49, 63, 64, 64, 85, 97, 98, 11, 113, 116, 127, 131, 135, 142, 157, 158, 178, 180, 182, 183, and 187 of the instant apartment units as of the date of closing the argument.

The defendant underwent a pre-use inspection on the apartment of this case on December 29, 2008.

Meanwhile, the total area of an apartment building of this case is 87,484.49 square meters: (103.71 square meters x 365 square meters x 125 square meters x 123.28 households) (128.79 square meters x 106 households) (152.24 x 36 x 99.58 x 4 households) (19.58 x 19.4) (19.7 x 26 x 1942). The ratio of 194.7 x 244.44 square meters on the whole area of the apartment building of this case is 204 square meters / 194 x 197 Ma47.41, 105 dong, 109 dong / 107 Ma1481,747.47 / 19744, Dong, 207.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. Occurrence of liability for damages;

(a) a defect of a building on the basis of responsibility is a structure and function different from that provided for in the construction contract.

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