(영문) 서울중앙지방법원 2016.05.13 2015가합537917

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(영문) 서울중앙지방법원 2016.05.13 2015가합537917

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is that the plaintiff constructed and sold 710 units of the Namsan-gu 60 (Seoul-dong) Namnam-do 2 apartment (hereinafter “the apartment of this case”) located outside of Ulsan-gu, and the defendant is the contractor who newly constructed the apartment of this case after being awarded a contract with the plaintiff for the construction of the new apartment of this case.

B. 1) The instant apartment defect-related lawsuit 1) The council of occupants' representatives of the instant apartment, which is an autonomous management organization organized by the occupants of the instant apartment.

(2) As Seoul Central District Court Decision 2013Gahap81267, the Plaintiff filed a lawsuit seeking compensation in lieu of defect repairs against the Plaintiff et al. on March 25, 2015, asserting that “The Plaintiff had a duty to compensate for damages in lieu of defect repairs to the council of occupants’ representatives, who transferred the right to compensate for damages from the owner of the instant apartment from the owner of the instant apartment, to the council of occupants’ representatives.” The said court rendered a judgment that “The Plaintiff shall pay 5% per annum from June 13, 2014 to March 25, 2015 to the council of occupants’ representatives, and 20% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. The plaintiff's assertion is the construction works of the apartment of this case, and the council of occupants' representatives requested the repair of defects in relation to the defects of the apartment of this case. Thus, the plaintiff is notified of such fact to the plaintiff who is the executor, so that the plaintiff can repair the defects through the defendant, or the defect repair against the defendant.

유사 판례

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