The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The plaintiff is composed of 15 units of D apartment (15 units of Dong, 113A units of 492 and 113B units of 113B units of 298, and incidental facilities are included therein, from C Co., Ltd. (hereinafter referred to as “C”).

A company that has been constructed under a contract for a new construction project (hereinafter “the apartment of this case”), and C is a company that newly built and sold the apartment of this case.

B. Around October 2008, the Defendant received a subcontract from the Plaintiff and completed the construction work on October 13, 2008 to December 31, 2009 (hereinafter “the subcontract in this case”) by setting the construction cost of KRW 2,873,556,260, and the construction period of KRW 13,008 to KRW 200,000, respectively (hereinafter “the subcontract in this case”).

The apartment of this case was completed on March 12, 2010 and was inspected for use. At that time, the apartment of this case was delivered to the sectional owners.

After that, many defects have occurred due to the construction, alteration construction, defective construction, etc. in the apartment of this case.

(d)

On June 21, 2013, the Seoul Central District Court filed a lawsuit against the Plaintiff, C, etc. to seek compensation for defects in lieu of the defect repair under 47953 (hereinafter “the lawsuit seeking compensation, etc.”) against the Plaintiff, C, etc. by taking over the claim for damages in lieu of the defect repair from the sectional owner of the 695 household units among the owners of the instant apartment units (hereinafter “the lawsuit seeking compensation for defects”).

On December 10, 2013, when the above lawsuit was pending, the Plaintiff and C applied for a notice of lawsuit against the Defendant, a subcontractor, etc., and the notice of lawsuit was delivered to the Defendant on December 17, 2013.

E. On January 27, 2016, the first instance court of the preceding lawsuit (amended by Act No. 10204, Mar. 31, 2010) with respect to C, prior to the amendment by Act No. 10204, Mar. 31, 2010

Pursuant to Article 9 of the former Condominium Act and Article 667 of the Civil Act, the amount of damages in lieu of the repair of defects is recognized as KRW 3,023,371,573.