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(영문) 부산고등법원 2016.01.28 2013나52936
하자보수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering additional payment shall be revoked.

The defendant is against the plaintiff.

Reasons

1. Basic facts

A. The defendant is the party. 1) The defendant is Busan Dongdong-dong 814 households (hereinafter "the apartment of this case").

(2) The Plaintiff is an autonomous management organization organized by its occupants for the management of the apartment of this case.

3) The Defendant’s Intervenor is a construction company that was contracted with the Defendant for construction of 106 to 109 units among the instant apartment construction, machinery, civil engineering, and underground parking lot construction. B. The Defendant was approved for the use of the instant apartment on April 28, 2006.

2) In performing the new construction of the instant apartment, the Defendant did not construct the part to be constructed in accordance with the design drawing, or revised the part to be constructed differently from the defective construction or design drawing, thereby causing a defect to the section for common use and the section for exclusive use of the instant apartment. Accordingly, the Plaintiff’s request for repair of the defects that occurred in the instant apartment after the date of inspection of the use of the instant apartment, and the Defendant and the Intervenor’s Intervenor continuously requested the Defendant and the Intervenor to repair the defects, and the Defendant did not perform partial repair work. However, even until now, the instant apartment was added to the specification of the defect by the section for common use and the table of defect by the section for exclusive use (excluding the defect excluded from the classification of the above table) and the table of defect by the section for exclusive use (excluding the defect excluded from the defect in the item of the table by the section for exclusive use) by adding the table of defect by adding it to the table of the table of defect by the section for exclusive use) and the same defect still remains.

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