beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is the owner of B apartment complex B located in Geum-gu, Busan (hereinafter “instant apartment”) 101 Dong 2903, and the Defendant is an autonomous and management organization composed of occupants pursuant to the provisions of the Housing Act and the Enforcement Decree of the Housing Act for the management of the instant apartment.
B. On April 201, the Defendant filed a lawsuit claiming damages in lieu of defect repair in relation to the defects that occurred after the construction of the instant apartment, against Non-SSS SP Development Co., Ltd., the executor of the instant apartment construction project, Daewoo Construction Co., Ltd., and the Seoul Guarantee Insurance Co., Ltd., which concluded a guarantee insurance contract with the Si Construction Co., Ltd. (hereinafter “Usan District Court Decision 201Gahap8006”). The Defendant transferred the Plaintiff’s damage claim in lieu of defect repair (hereinafter “damage compensation claim”) from 443 households, including the Plaintiff (the Plaintiff transferred the Plaintiff’s damage claim to the Defendant on August 31, 201) among the residents of 540 households of the instant apartment after the lawsuit for defect repair was filed, and notified the aforementioned company of the right to claim damages in lieu of defect repair in the instant apartment that the aforementioned residents had against Non-SP Development Co., Ltd., Ltd. (hereinafter “the aforementioned right to claim damages”).
C. On December 18, 2013, the Defendant won part of the defect repair lawsuit (determined as of January 21, 2014), deducted various expenses, and finally received KRW 595,753,722 from the other party. On February 17, 2014, the part of the defect repair among the winning money was distributed to the 443 occupants who transferred the damage compensation claim, and the 232,152,346 won of the defect repair portion to the 443 occupants, including the Plaintiff, distributed the winning money for the defect repair of the section for common use to the said 443 occupants including the Plaintiff.