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(영문) 서울고등법원 2018.01.19 2017나2011641
손해배상(기)
Text

1. Of the judgment of the court of first instance, the plaintiffs except the plaintiffs A and B who correspond to the following order of payment.

Reasons

The plaintiffs filed a claim for damages in lieu of defect repairs equivalent to the amount stated in the purport of the claim. The court of first instance accepted only a part of the claims and dismissed the remainder.

The plaintiffs appealed only against this, but only the plaintiffs appealed the lack of the lowest floor non-major concrete thickness of the underground parking lot, ② each Dong ELEV electric room, stairs room, PED, and ESS interior walls to be installed, ③ non-construction of the primary walls to be installed, ③ installation of the type of stairs/LEV-type painting painting, ④ installation of each ELEV electric room (former floor).

Therefore, the part against the plaintiffs except the above part was excluded from the scope of this Court's trial.

Basic Facts

The following facts are recognized by the parties to dispute or by adding up the whole purport of the pleadings to the statements in Gap evidence 1 to 647 and Gap evidence 2.

The defendant newly constructed and sold "D apartment" (hereinafter "the apartment of this case") with 11,244 households (a total of 161,423.8428 square meters), Dong-dong 11, Dong-dong, Manyang-si, Manyang-si, and the defendant's assistant intervenor contracted and executed the new construction work from the defendant.

The plaintiffs' "Dong" and "Dongho" as shown in attached Table 2 are co-owners (including co-owners) with respect to each of the relevant households, and the whole area of the households owned by each sectional ownership (joint ownership) is as stated in the "pre-owned area" as stated in the same Table.

The date of the instant apartment inspection is August 23, 2010.

The apartment of this case asserted by the plaintiffs has the same defects as the attached Table 3.

As the sectional owners of the apartment of this case, the plaintiffs seek damages in lieu of defect repairs equivalent to the cost of repair according to the ratio of their respective entire areas.

The right to make a decision on the cause of the claim under Article 9 of the Act on the Ownership and Management of Aggregate Buildings belongs to the current sectional owner of an aggregate building if the buyer of an aggregate building transfers the aggregate building.

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