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(영문) 수원지방법원 성남지원 2017.01.11 2014가합9492
하자보수에 갈음하는 손해배상
Text

1. The Defendant’s KRW 1,197,383,856 and KRW 933,064,907 among the Plaintiff and KRW 181,818,978 among the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous organization composed of its occupants to manage the 12-dong apartment A (hereinafter “instant apartment”). The Korea National Housing Corporation (hereinafter “Defendant” was merged with the Korea Land Corporation on October 1, 2009, and became the Defendant; hereinafter “Defendant”) newly constructed and sold the instant apartment, and the Defendant’s Intervenor was awarded a contract from the Defendant to construct the instant apartment.

B. The Defendant built the instant apartment and built the apartment and obtained approval for use on February 20, 2013, and around that time delivered the instant apartment to the occupants.

C. 1) In constructing the instant apartment, the Defendant did not construct the part to be constructed in accordance with the design drawing, or performed a defective construction or modified construction, thereby causing defects such as rupture and water leakage in the common area and the section for exclusive use of the instant apartment. As a result, the instant apartment has caused trouble in the function and safety in the instant apartment. 2) The Defendant did not properly perform the duty of repairing the defects even after receiving a request for repairing the defects from the Plaintiff several times and did not perform the duty of repairing the defects, and there is a defect in the items in the common area and the section for exclusive use of the instant apartment (attached Form 1).

The apartment household of this case notified the transfer of the claim through the service of a copy of the claim and a copy of the application for change of the cause of claim as of November 27, 2016, on June 2, 2015, on the date of service of notice of the transfer of the total of the total area of the total area of the ownership of the household to transfer the damage claim due to the Plaintiff’s defect, as of June 42, 353,76.32, June 2, 2015, the first apartment household of this case, which was notified of the transfer of the claim, as of November 27, 2016, was withdrawn as of July 5, 2016.

8,496.1 January 28, 2016, transferred on July 6, 2016 91,087.

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