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(영문) 서울중앙지방법원 2018.11.09 2015가합16472
손해배상(기)
Text

1. The Defendant’s KRW 978,80,899 and KRW 201,00,000 among the Plaintiff, respectively, shall be KRW 55,828,058.

Reasons

Facts of recognition

The plaintiff is an autonomous management body that consists of 330 residents of the F apartment 13 Dong-dong 330 apartment units in Eunpyeong-gu Seoul Metropolitan Government E (hereinafter "the apartment of this case").

Defendant (former trade name: G Corporation; hereinafter “Defendant”) is a business entity that constructed and sold the instant apartment building, regardless of any change in trade name, and the Intervenor joining the Defendant is a company that constructed and sold the instant apartment building.

On June 1, 2008, the defendant filed a report on the commencement of the construction of the apartment of this case and had the defendant joining the defendant constructed the apartment of this case and received a pre-use inspection on the apartment of this case on September 8, 2010.

The defendant made a mistake in designing the apartment of this case, and the defendant joining the defendant did not construct the part to be constructed in the construction of the apartment of this case, or modified the construction differently from the defective construction or design drawing.

As a result, there were defects such as equal heat and water leakage in common areas and exclusive areas of the apartment of this case.

The plaintiff requested the defendant to repair the defects at the request of the tenant and the sectional owner of the apartment of this case, and the defendant joining the defendant was compensated for some defects.

However, the apartment of this case still has the same defects as indicated in the summary table by the defect list of the attached section 1 and the summary table by the defect list of the attached section 2. In order to repair the apartment of this case, the part of the apartment of this case after the rupture of the outer wall is also subject to the execution of the rupture of the part after the rupture of the outer wall (the allegations by the parties concerning items that occur in the defect and the cost of the defect repair and the decision by this court are examined in paragraph 2 below). The 1 year following the 2 year following the 1 year following the 3th 4th 5th 4th 10.

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