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(영문) 대구지방법원 2016.11.18 2015가합202401
손해배상(건)
Text

1. Defendant AE, Inc., stated the Plaintiffs in the column of “Plaintiffs, etc.” in the attached claim amount and the cited amount table.

Reasons

1. Basic facts

A. The status of the parties (1) The Plaintiffs and the Intervenor succeeding to the Plaintiff (hereinafter “Plaintiffs, etc.”) are sectional owners who have sold or acquired each household of the building AF building in Daegu North-gu (hereinafter “instant building”) from Defendant AE Co., Ltd. (hereinafter “Defendant AE”).

(2) Defendant AE is a seller who sold the instant building, and Defendant AE is a contractor who was awarded a contract for a new construction of the instant building from Defendant AE and was approved for use on July 26, 201.

B. In the event of the defect in the building of this case, the construction of this case was not carried out in the new construction of the building of this case, or the construction of this case was carried out differently from the drawing of defective construction or completion, thereby causing a defect in the building of this case. Accordingly, there was a defect such as the description of the defect in the building of this case, and the construction cost is required to complete or repair the building of this case, such as the description of the defect in the attached Form “construction cost”.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3 (including each number), Eul evidence 3, 4, Eul evidence 5 (including the paper number), the appraiser A's appraisal result, and the result of each appraisal supplement

2. Determination

A. (1) According to the fact that Defendant AE’s liability for damages was recognized, barring any other circumstances, Defendant AE is a project undertaker who sold the instant building, and pursuant to Article 9(1) of the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 10580, Apr. 12, 2011; hereinafter “former Aggregate Buildings Act”) and Articles 667 through 671 of the Civil Act, “Plaintiffs, etc.” in the attached claim amount and the cited amount table, which are sectional owners of the instant building, exist in the instant building.

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