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(영문) 서울중앙지방법원 2011.06.03 2009가합125221
손해배상(하자보수에 갈음하는)
Text

1. The part of the conjunctive claim filed by the Plaintiff (Appointed) against Defendant SP Construction Co., Ltd.

Reasons

1. Basic facts

A. The construction of the Defendant Il-ri Development Network Co., Ltd. (hereinafter “Defendant Il-ri Development Network”) is a company selling the instant apartment (hereinafter “instant apartment”), and Defendant DaS Construction Co., Ltd. (hereinafter “Defendant DoS Construction”) is a company constructing the instant apartment, and the Plaintiff et al. is the sectional owners of the instant apartment.

B. On August 24, 2005, a pre-use inspection was conducted on the apartment of this case.

C. In the construction of the instant apartment, there was a defect that interferes with the function, aesthetic view, or safety of the apartment in the common area and the section for exclusive use of the instant apartment by failing to construct the parts to be constructed in accordance with the design drawing, or by modifying the parts differently from the defective construction or design drawing.

Accordingly, the Plaintiff et al. requested the Defendants to repair defects arising from the apartment of this case, and Defendant AS Construction also performed some defect repair works.

However, there still remain defects such as the defect repair cost table in the entire apartment building and the section for exclusive use and the section for exclusive use by Dong.

In addition, the cost of repairing defects incurred to each of the households of the apartment of this case is as stated in the separate sheet for the aggregate of the cost of repairing defects for each household of this case.

(Provided, That it is less than 6 decimal places in the ratio of common use area). [Reasons for recognition] The fact that there is no dispute, the result of the appraiser E’s appraisal, the result of the appraisal, the supplementary statement, the explanatory statement, and the purport

2. Determination as to the claim for construction with Defendant Boreops

A. According to the facts acknowledged prior to the occurrence of liability for damages, the construction of the apartment in this case is the project undertaker who sold the apartment in this case, and pursuant to Article 9 of the Act on the Ownership and Management of Aggregate Buildings and Articles 67 and 671 of the Civil Act to the Plaintiff, etc., who is the sectional owner of the apartment in this case.

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