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(영문) 서울남부지방법원 2020.01.21 2017가합101400
손해배상(기)
Text

1. As to KRW 290,428,224 among the Plaintiff and KRW 201,00,000 among the Plaintiff, the Defendant from February 25, 2017 to the Plaintiff, and KRW 89,428 among them.

Reasons

1. Basic facts

A. The Plaintiff is a management body comprised of sectional owners of the Seo-gu Incheon Metropolitan Government Office Office 266 Office (hereinafter “instant building”). The Defendant is a seller under the Act on the Ownership and Management of Aggregate Buildings, which newly built and sold the instant building.

B. When constructing the instant building, the Defendant failed to construct the parts to be constructed in accordance with the design drawings, or constructed the said parts in a way different from the design drawings or poorly.

C. The Plaintiff was transferred from the sectional owners of 227 households among the 266 households of the instant building (hereinafter “transfer household of this case”) the damage claim in lieu of the defect repair that the Defendant had against the Defendant.

The Plaintiff was delegated with the power to notify the assignment of claims from the sectional owners and notified the above Defendant of the assignment of claims as a written complaint of this case and each of the preparatory documents dated September 28, 2019, and around that time, the notification was delivered to the above Defendant.

The sum of the area of the exclusive ownership of the transferred household is 9,909.518 square meters, and it is equivalent to 84.90% of the area of exclusive ownership of the entire household of the instant building 1,671.66 square meters (=9,909.518 square meters ± 11,671.66 square meters x 100 square meters x 100 and 103 decimal places).

[Ground of recognition] A without dispute, each entry of Gap evidence 1 through 5 (including branch numbers in case of additional number), each appraisal result of appraiser D, the result of each appraisal request of appraiser D, the purport of the entire pleadings

2. The plaintiff's assertion is a seller of the Act on the Ownership and Management of Aggregate Buildings concerning the Building of this case (hereinafter "the Aggregate Buildings Act"), who is liable for damages in lieu of defect repairs to the defects existing in the building of this case under Article 9 of the Aggregate Buildings Act and Articles 667 through 671 of the Civil Act against the sectional owners. The plaintiff who was transferred the damage claim for the defects of this case from the household that transferred the claim of this case from the household that transferred the claim of this case is liable for damages, 360,324

3. The occurrence of a defect;

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