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(영문) 수원지방법원 2020.02.05 2016가합79812
손해배상(기)
Text

1. The plaintiff's lawsuit against defendant B and C shall be dismissed in entirety.

2. The plaintiff's defendant.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization organized by the occupants for the management of Suwon-si A Apartment-gu, Suwon-si (hereinafter “instant apartment”).

B. Defendant D&C (hereinafter “Defendant Association”) is an executor who newly constructed and sold the instant apartment, and the entry of “stock company” in its trade name is omitted when the Defendants, which are Defendant B and C Co., Ltd. (hereinafter “Defendant D&C, are named. In the case of collectively named Defendants B and C, “Defendant C”) entered into a construction contract with the Defendant Association (hereinafter “instant construction contract”) on January 2006 and constructed the instant apartment.

C. The instant apartment was completed on September 201, and the Defendant Union obtained approval for the use of the instant apartment on September 21, 201, and the occupancy began from September 25, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. Fire doors installed on the apartment of this case (including the section for common use, section for exclusive use) are inferior to internal shock of fire doors, or fire performance does not meet the relevant statutory standards due to the distance between the fire doors and the door trusses.

B. As to the above defects of the fire doors, the Defendant Union, the project undertaker who constructed and sold the apartment of this case, has the warranty against the co-owners of the apartment of this case (hereinafter “Co-owners of this case”) under Article 9(1) of the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 10204, Mar. 31, 2010; hereinafter “former Act”) and Articles 667 through 671 of the Civil Act.

C. The defendant contractor who constructed the apartment of this case also newly constructed the apartment of this case.

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