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(영문) 수원지방법원성남지원 2017.06.13 2015가합1525
손해배상(기)
Text

1. As to the Plaintiff KRW 663,804,144 and KRW 586,573,436 among them, the Defendant shall start from April 15, 2016, and the remainder 77,230.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous organization composed of its occupants to manage ten and 410 households, Dongdong-gu A apartment (hereinafter “instant apartment”). The Korea National Housing Corporation (the Korea Land Corporation 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, obtained approval for use on July 2, 2010, and transferred the instant apartment to the occupants around that time.

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 became an obstacle to the function and safety of the 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).

1) The Plaintiff’s acquisition of the damages claim due to the Plaintiff’s defect 1) The Plaintiff is the 359 households sectional owners among the 410 households of the instant apartment complex (hereinafter “instant transfer household”).

() From the point of view, a claim for damages in lieu of the defect repair of the instant apartment that the Defendant had against the Defendant is taken over, and the said sectional owner was delegated with the authority to notify the assignment of the claim from the said sectional owner, and the sum of the totaled area of the entire site area of the household that is subject to the next table transfer (the first transfer on July 16, 2015, the delivery date of notification of the transfer of land size) is the same as the second transfer on April 20, 2016.

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