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(영문) 서울중앙지방법원 2016.11.09 2013가합18702
하자보수보증금 등
Text

1. The plaintiff's primary claim against Samsung C&T Co., Ltd., the plaintiff's lawsuit taking over the lawsuit.

Reasons

I. Determination as to the claim against the defendant reconstruction association

1. The Defendant reconstruction association indicated the claim as the project proprietor of the 48-dong A Apartment, 48-dong, 3143 apartment units (hereinafter “instant apartment”) and constructed and sold the instant apartment, and did not construct it in accordance with the design drawings at the time of project approval (hereinafter “project approval drawings”), and did not construct it in accordance with the modified construction, erroneous construction, or defective construction and caused defects in the instant apartment.

The Plaintiff acquired from the sectional owners of 2,55 households of 3,143 apartment units of this case (272,566.53 square meters in total) pursuant to Article 9 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act on Ownership and Management of Condominium Buildings”) and notified the Defendant Reconstruction Association of the damage claim in lieu of defect repairs he/she owns pursuant to Article 9 of the said Act.

The ratio of the assignment of claims (the ratio of the transferred area to the transferred household out of the total deposit area, hereinafter the same shall apply) is 82.14% in total.

Therefore, according to the appraisal result of the appraiser D (hereinafter “appraisal”) under the proviso of Article 671(1) of the Aggregate Buildings Act and the Civil Act, the defendant reconstruction association obtained as a result of each appraisal and supplementation by the appraiser of this court, the amount obtained by multiplying the expenses for the transfer of the claim for damages to the section for common use among the defect repair expenses indicated in the table below, and the total amount of KRW 5,189,891,730 of the cost for the defect repair incurred by the sectional owner who transferred the claim for damages in lieu of the defect repair to the plaintiff, and KRW 5,189,89,791,730 of the cost for the defect repair incurred by the sectional owner who transferred the claim for damages in lieu of the defect repair to the plaintiff (=Section 3,

(1) The portion of exclusive ownership 1,641,125,666) and the damages for delay thereon shall be the 121,280,816,816 358,683,258,97,1242,231,6631,691,218,11634,249,2421,2421,243,24326,726,304,320,387,2231,2231,48,249,8421,243,726,304,304,320,22387,223 exclusive ownership 121,48,948,943.

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