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(영문) 인천지방법원 2016.01.08 2014가합53123
손해배상(기)
Text

1. As to the Plaintiff’s KRW 844,200,819 and its KRW 101,00,000 among them, the Defendant shall start on May 9, 2014, and the remainder of KRW 743,200.

Reasons

1. Basic facts

A. The defendant is a person who newly constructed and sold the 465 households of the Songdolung-dong 4, Dong-dong 465 (hereinafter "the apartment of this case") in Yeonsu-gu, Incheon. The plaintiff is an autonomous management organization of the apartment of this case composed of the representatives of occupants of the above 8 Dong-dongs.

B. The Defendant, on February 12, 2010, obtained the approval for the use of the instant apartment.

However, as the Defendant newly constructed the instant apartment, failed to construct or mistakenly constructed the part to be constructed in accordance with the design drawing, or changed the design drawing differently from the design drawing, thereby causing defects, such as the main outer wall crack, and the leakage of underground parking lots, etc. of the instant apartment, and thereby resulting in a trouble in the function, aesthetic view, or safety in the instant apartment.

At present, the section for common use and section for exclusive use of the apartment of this case remains as follows 3. A.

C. (1) Of the 465 households of the apartment of this case, 427 households among the 465 households of the apartment of this case transferred to the Plaintiff the damage claim in lieu of the defect repair that the Defendant had against, and delegated the Plaintiff with the authority to notify the assignment of claims, and the above notification was served on the Defendant upon the Plaintiff’s notification of the assignment of claims. (2) Meanwhile, the ratio calculated by dividing the total area of the household that transferred the claim to the Plaintiff by the total area of the entire apartment unit unit unit unit unit

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 15 (including the number, if not stated; hereinafter the same shall apply), the result of the commission of appraisal to Gap appraiser A (hereinafter " appraiser") by this court (hereinafter "the result of the first appraisal"), and the result of this court's inquiry into the appraiser and additional fact inquiry into the appraiser, and hereinafter "each inquiry inquiry and additional fact inquiry into the appraiser", and additional fact inquiry.

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