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(영문) 서울중앙지방법원 2018.01.18 2014가합511628
양수금
Text

1. As to KRW 731,701,693 and KRW 101,00,00 among them, the Defendant shall pay to the Plaintiff KRW 731,70,693 from June 14, 2014, KRW 630,701,693.

Reasons

1. Basic facts

A. The defendant is the implementer who newly built and sold one "Atel" and 186 units on the ground of Seocho-gu Seoul Metropolitan Government (hereinafter "the instant condominium building"), and the defendant's intervenor is the contractor who was awarded a contract with the defendant for the new construction of the instant condominium building.

The plaintiff is an autonomous management body composed of sectional owners in order to manage the instant condominium building.

B. The Defendant obtained approval for the use of the instant condominium around August 14, 2008.

C. 1) The Defendant’s Intervenor did not construct the part to be constructed in the new construction of the instant aggregate building, or constructed the instant aggregate building by altering the defective construction or design drawings differently from the construction or design drawings. As a result, there were defects such as rupture, water leakage, escape, string, corrosion, pollution, etc. in the common areas of the instant aggregate building and the section for exclusive use of the instant aggregate building. As a result, the instant aggregate building has a functional, aesthetic, or safety hindrance to the instant aggregate building. 2) As of now, the instant aggregate building remains as follows: (a) there are defects such as the attached section for common use (Expert C); (b) the table of defect repair expenses for exclusive use (Appraiser C); and (c) the cost of repair is as indicated below (attached 1).

[Attachment 1] 40,817,700,63,941,643,302 exclusively for exclusive use 40,817,633,400,64143,451,641,641, 641, 297,547, 361, 869,037,5821,5621, 406, 869, 5821, 16,584,943, 943

D. 1) Of the 186 units of the instant aggregate building 186 units, 170 units (hereinafter “transfer units of this case”) excluding 16 units (Nos. 102, 501, 801, 808, 1006, 1109, 1704, 1709, 1802, 203, 2205, 2210, 2210, 2308, 2507, 2606, B-1, 2, and 3) among the 186 units of the instant aggregate building

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