1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. The defendant is a company that sells the units of the above A and B by performing the remodeling work of 16 units A, Dong-dong, B, 69 units and the new construction work of the guard room of Dong-dong, and the construction work of the above units A and B of the building A, an apartment apartment-type factory located in Nam-gu, Incheon, (hereinafter referred to as the "A building"), and the plaintiff is the council of occupants' representatives comprised of the representatives

B. On December 30, 2004, the Defendant changed the use of the building A into a collective building after obtaining approval for use, and then delivered the unit room to the seller for sale.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 3 (including each number), the purport of whole pleadings]

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that there exist defects such as rupture, water leakage, painting, and unconstruction of a wall in a building A. The Plaintiff received from 60 persons among the sectional owners a claim for damages in lieu of defect repair against the Defendant who was the seller, and the amount is KRW 228,580,342 in total.

Therefore, the defendant is liable to pay the plaintiff the above 228,580,342 won and damages for delay.

B. A) Around November 2008, the Plaintiff received a claim for damages in lieu of defect repair from each sectional owner listed in the list of assignment assignment holders listed in the attached Table 1 (hereinafter “transferr”) among sectional owners of a building A, and at the same time notified the Defendant on December 11, 2008 upon delegation of the authority to notify the transfer.

B) The expenses incurred in relation to the section for common use among the expenses incurred in the repair of a part of the common use and the transferor of a building A, a section for common use and the section for common use of the building A, 101, 102, 203, 401, 402, B 104, 106, 111, 301, 304, 305, 501, 501, 601, 606, 701, 704, 707, 708, etc. of the attached Table 20, which are the sections for common use of the building A, the sections for common use and the transferor of the building B, shall be the defects in the column of the defect list by item of the defect.