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(영문) 서울남부지방법원 2020.10.22 2018가합108835
손해배상(건)
Text

Of the instant lawsuit, the part of the claim against Defendant E is dismissed.

Defendant C Co., Ltd. and D shall be jointly carried out.

Reasons

1. Facts of recognition;

A. The status of the parties, the relationship 1) the Plaintiffs and the designated parties are Gtels located in the F of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant condominium buildings”).

2) Unless otherwise specified, Defendant C Co., Ltd. and Defendant D (hereinafter “Defendant C, etc.”) are project undertakers who constructed and sold the instant aggregate building with permission granted on January 18, 2012, and Defendant E Co., Ltd (hereinafter “Defendant E”) is a corporation that constructed the said aggregate building.

B. From May 9, 2013, Defendant C et al. sold the instant aggregate building in sequence to the Plaintiffs and the designated parties, and around that time, the Plaintiffs and the designated parties moved into each subparagraph after obtaining approval for use on December 8, 2014.

C. As to the construction of the instant aggregate building, Defendant E failed to construct or poorly constructed the part to be constructed in accordance with the design drawings while constructing the instant aggregate building, and accordingly, there was a defect such as damage, rupture, etc. to the section for common use and section for exclusive use of the instant aggregate building. From June 11, 2015 through G Operation Support Center, the Plaintiffs and the designated parties continuously demanded the repair of defects to Defendant E, and Defendant E repair partial defects. However, the instant aggregate building still has the same defect as indicated in the 3 Table of Repair Costs for each Defect List (Section for Common Use) and the 4 List of Repair Costs for each Defect List (hereinafter “instant defect”).

2) Among the instant aggregate buildings, the door door among the doors remains 127 to the section for common use (EV alone A, B, AV, PS, ES/TPPS, etc.) and 620 to the section for exclusive use (in total, 440 to the plaintiff and the designated parties) (in total, 440 to the boiler door). (B) The appraiser selected following the consultation of the parties, two of the fire doors each, namely, 8 even the door door, EV alone, FSSD-5, and boiler door.

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