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(영문) 수원지방법원성남지원 2013.08.21 2011가합10217
양수금
Text

1. As to the Plaintiff KRW 1,178,362,373 and its KRW 101,00,000 among them, the Defendant shall pay to the Plaintiff KRW 1,178,362 from November 1, 201, and KRW 1,07,362.

Reasons

1. Basic facts

A. The status of the parties 1) The Korea National Housing Corporation (the Korea Land Corporation on October 1, 2009) was merged with that of the Korea Land Corporation and became the defendant.

In the following cases, "Defendant" shall not be deemed to be the subject of merger before and after the merger.

) The 10-dong 1,673 apartment units in Gwangju Mine-gu (hereinafter “instant apartment units”).

A business entity that newly built and sold the instant apartment on November 2, 2001. The Defendant leased each of the instant apartment units as a public rental apartment pursuant to the Rental Housing Act after obtaining approval for the use of the instant apartment on November 2, 2001, but converted for sale in lots around 2007. (2) The Plaintiff is an autonomous management organization that consists of occupants of the instant ten buildings for the management of the instant apartment units.

B. Although the Defendant, when constructing the instant apartment, failed to construct the part to be built in accordance with the design drawing in the construction of the instant apartment, or has repaired several defects after the approval for use was granted by modifying the construction differently from the defective construction or design drawing, the defects as shown in the attached Tables 1 and 2 remain up to now in the common areas and the section for exclusive use of the instant apartment.

C. (1) Of the instant apartment units 1,673 households, some of the sectional owners of the instant apartment units transfer their respective damage claims to the Plaintiff in lieu of the defect repair that the Defendant had against, and delegate the Plaintiff the right to notify the assignment of claims pursuant thereto. The Plaintiff notified the Defendant of the assignment of claims around August 23, 201, around September 23, 201, around October 21, 201, around October 21, 201, around October 21, 201, and around October 31, 2011. (2) The proportion of partial households that transferred the damage claims in lieu of the defect repair to the Plaintiff is 82,14.57 square meters in total, the total exclusively owned area of the instant apartment units is 94.18% in total.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including paper numbers; hereinafter the same shall apply), entry of Eul evidence 2 through 5, appraiser C's appraisal results, the result of each request for the supplementation of appraiser C by this court.

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