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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 11, 2005, the Plaintiff contracted the said new construction work to the Defendant on the following grounds: (a) on January 7, 2008, the construction of each apartment of this case was completed; and (b) around December 2007, the Defendant requested the Defendant to submit an application for inspection of the use. At the time, on January 7, 2008, the Plaintiff was found to have many defects in the construction of each apartment of this case, such as non-construction, erroneous construction, defective construction, etc. on each apartment of this case; and (b) on January 7, 2008, the Defendant and the Defendant are liable for all civil liability for the quality of materials and construction in accordance with the model and design plan.
The agreement of this case (hereinafter referred to as the "agreement of this case") is referred to as the "agreement of this case"
(C) On January 15, 2008, the written application for usage inspection was signed and sealed on January 15, 2008. D. The rehabilitation procedure commenced on April 7, 2015 with the Seoul Central District Court 2015 Gohap10070, and on February 3, 2016, the rehabilitation plan was approved on February 3, 2016, and the rehabilitation procedure was completed on November 30, 2017. On the other hand, the E council of occupants’ representatives filed a lawsuit against the plaintiff et al. on December 20, 2013 in lieu of the defect repair of each of the instant apartment units (Seoul Central District Court 2013Gahap56348), and the plaintiff received some favorable judgment on April 20, 2017 (including evidence Nos. 689,641,935 - No. 1 or 385 - No. 1 or 3 of the entire arguments).
2. The plaintiff's assertion and judgment
A. The Plaintiff and the Defendant agreed on January 7, 2008 that all civil responsibilities due to the defects in the quality and construction of materials of each apartment of this case shall be borne by the Defendant.
The plaintiff filed a lawsuit claiming damages in lieu of defect repair from the council of occupants' representatives of each apartment building, and partly lost it, and on April 28, 2017.