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(영문) 수원지방법원성남지원 2013.06.26 2012가합202488
구상금
Text

1. The Defendant’s KRW 26,806,187 as well as 6% per annum from April 9, 2010 to June 26, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Korea National Housing Corporation (Korean Land Corporation on October 1, 2009) (the Defendant was merged with Korea Land Corporation on October 1, 2009).

The “Plaintiff” shall not be deemed to be a “Plaintiff” regardless of the time before and after the merger.

2) The apartment complex is composed of 630 households, 630, 1261, 1261, 4-1, 5, 5, 5, 5, 5, 5, 5, 5, 5, 126

(2) On November 18, 1996, the Plaintiff signed a new construction contract for the instant apartment (hereinafter “instant new construction contract”) with the Defendant on November 18, 1996 as a project proprietor who constructed and sold the instant new construction, with the approval for use on November 6, 1998, and leased it to the occupants, but from January 6, 2004, the Plaintiff purchased the said construction from January 18, 1996 (hereinafter “new construction contract”). In the case of walls, columns, 10 years for the Defendant’s warranty liability, 5 years for floors, beams, beams, roof, and main stairs, 2 years for machinery and civil works, and in other cases, 11(1) of the Rules on the Management of Multi-Family Housing.

B. On November 6, 1998, the Plaintiff moved in the apartment of this case upon obtaining approval for the use of the apartment of this case. However, due to the Defendant’s fault in construction such as non-construction, defective construction, alteration construction, etc. after the occupancy, the defect occurred in the section for common use and section for exclusive use of the apartment of this case. Accordingly, the council of occupants’ representatives of the apartment of this case from the sectional owners of 609 households (96.56% of the total area of the transferor generation in the whole area of the apartment of this case) among the sectional owners of the 630 households of the entire apartment of this case, the council of occupants’ representatives of the apartment of this case owned 609 households (the total area of the transferor generation in the whole area of the apartment of this case is 96.56%) against the Plaintiff on April 7, 2005, transferred the right to claim for the repair of the defects of the apartment of this case and damages in lieu thereof against the Plaintiff on April 7, 2005.

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