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(영문) 서울중앙지방법원 2015.07.22 2013가합30481
손해배상(기)
Text

1. The defendants are jointly and severally attached to them.

1. Attached Form to the Plaintiff (Appointed Party) and the Appointor;

2. A list of quoted amounts;

Reasons

1. Facts of recognition;

A. Attached Form of the Parties

1. The Plaintiff (designated parties; hereinafter referred to as the “Plaintiffs, etc.”) and the designated parties (hereinafter referred to as the “Plaintiffs, etc.”) are the persons holding the sectional ownership of the corresponding heading room as indicated in the “number” column of the 1st underground floor and the 4th floor C shopping (hereinafter referred to as the “instant shopping district”).

D Housing Complex Reconstruction Association (hereinafter referred to as the "Inward Association") is a project implementer who constructed and sold the commercial building of this case, and the defendants are the new construction contractor of the commercial building of this case.

B. The completion of the construction and sale of the instant commercial building 1) Nonparty Union obtained the approval of the project plan from the competent authority around 2003 for the construction of the instant commercial building, and the Defendants commenced and completed the construction of the instant commercial building around March 2005. Nonparty Union obtained approval from the competent authority on August 22, 2007 for the use of the instant commercial building. (2) Before the completion of the construction of the instant commercial building, the sale of the instant commercial building was in progress before the completion of the construction of the instant commercial building, and the Plaintiff et al. was attached hereto.

1. Each of the relevant sectioned stores entered has been sold in lots, or acquired the ownership and damage claim therefor from the purchaser of the relevant sectioned store;

C. The section for exclusive use owned by the Plaintiff et al. is 68 and 2/3 rooms among the 76 commercial buildings of this case, and the size of each section for exclusive use owned by the Plaintiff et al. is attached Table.

1. The term “exclusive ownership area” is the same as the area in each corresponding entry, and the total area of each exclusive ownership is 5,465.92 square meters.

On the other hand, the total area of the entire area of the commercial building of this case is 6,024.705 square meters.

The Defendants, when constructing a new commercial building of this case, failed to perform the part to be constructed in accordance with the design drawings, or perform the defective construction works or construction works by changing the same differently from the design drawings, thereby rupture, water leakage, water leakage, and water quality to the section for common use of the commercial building of this case.

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