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(영문) 대구지방법원서부지원 2013.11.28 2010가합4586
손해배상(기)
Text

1. The Defendant: (a) KRW 1,449,505,589 to the Plaintiff; and (b) KRW 5% per annum from December 14, 2010 to November 28, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties to the Korea National Housing Corporation (the Korea Land Corporation was merged with the Korea Land Corporation on October 1, 2009; hereinafter referred to as the “Defendant”) was a project proprietor who newly built 7, Dong-dong 762 households (hereinafter referred to as the “instant apartment”), Daegu-gun, Daegu-gun, 197 (hereinafter referred to as the “Defendant”), and the Plaintiff is an autonomous management body composed of its occupants for the management of the instant apartment.

B. The Defendant obtained approval for use on October 22, 2001 and delivered the instant apartment to occupants around that time, and the instant apartment was completed through conversion for sale in lots around December 15, 2006.

C. The Defendant, upon construction of the instant apartment, repaired the defects several times, but currently the section for common use and the section for exclusive use of the instant apartment, has the same defects as the details of the attached Tables 1 and 2, which occurred due to the construction of the said apartment or the alteration of the construction differently from the design drawing.

(i) The Plaintiff acquired the damage claim in lieu of the defect repair of the apartment in this case from 687 households among the 762 households of the sectional owners of the apartment in this case, and notified the Defendant of the assignment of the claim by being delegated with the authority of notification of the assignment of claim from the relevant sectional owners.

The total area of the household that transferred the above damage claim to the Plaintiff is 39,873.82 square meters of the total area of the household that transferred the above damage claim to the Plaintiff is the sum of seven generations (502 Dong 1304, 503 Dong 1405, 505 Dong 301, 506 Dong 704, 506 Dong 706 Dong 708, 507 Dong 202, 507 Dong 1704, 507 Dong 1704), which are considered below.

It is equivalent to 90.14% of the total area of the entire household's section for exclusive use by 44,231.82 square meters.

[Ground for Recognition: Facts without dispute, Gap evidence 1 to 5 evidence, Eul evidence 1 and 2 (including paper numbers, hereinafter the same shall apply)

. an appraiser, appraiser.

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