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(영문) 서울중앙지방법원 2016.10.13 2015가합513225
하자보수금등
Text

1. The Defendant’s KRW 399,273,769 and KRW 267,952,626 among the Plaintiff and KRW 131,321,143 among the Plaintiff.

Reasons

Basic Facts

The plaintiff is an autonomous management body comprised of occupants for the management of the 10-dong 473 apartment complexes of acceptance Liber City 2 complex (hereinafter "the apartment complex of this case") located in the Gu Council-si 52 as Guwon-si, the 52-dong 473 households [298 households (202 Dong, 203, 205 Dong, 206 Dong, 207 Dong, 208 Dong, 210 Dong), and the 175 households leased (201 Dong, 204 Dong, 209 Dong, 209 Dong), and its ancillary facilities], and the name of the defendant was changed from E.S. on September 1, 2016 to the Seoul Housing Corporation. The apartment house of this case was built and sold in lots.

On August 26, 2009, the defendant had undergone a pre-use inspection on the apartment of this case from the government market. The defendant constructed the apartment of this case by constructing the new apartment of this case without constructing the part to be constructed according to the design drawing, making the defective construction, such as rupture, water leakage, etc. to the section for common use and section for exclusive use of the apartment of this case. Accordingly, the apartment of this case caused an impediment to the function, aesthetic or safety of the apartment of this case.

Therefore, the Plaintiff continuously requested the Defendant to repair the defects from March 2010, which was after the occupancy at the request of the occupant, etc., and the repair work was conducted for some defects. However, the apartment sale household of this case still has the same defects as the attached Table 1 defect repair summary sheet (hereinafter “instant defects”). In order to repair the defects, the Plaintiff’s expense of the same amount as the attached Table 1 is required under the premise that the parts subsequent to the rupture repair of the outer wall are also buried.

[Attachment 1] 60,689,985,985,4188,416,42,42,42,44,44, 42,44, 42, 42, 42, 428, 42, 82, 2720, 258, 68, 689, 985, 39, 418, 868, 868, 756, 523 18, 665, 683, 683, 228,747,845, 42, 428, 708, 703, 34, 378, 378, 484, 103, 144, 154, 54, 1395, 135, 1395

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