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(영문) 대전지방법원 2012.07.18 2011가합423
구상금
Text

1. The Plaintiff:

A. Defendant Gyeongnam Enterprise Co., Ltd., and members construction industry Co., Ltd., jointly and severally 7,442,957 and 7.

Reasons

1. The following facts do not conflict between the parties, or may be admitted in full view of the entries in Gap evidence 1 to 5 (including each number in the case of additional numbers) and the whole purport of the pleadings:

(i) The Korea National Housing Corporation newly built and sold 750 units of the second apartment 10-dong 750-dong Ba-dong 10 (hereinafter “the apartment of this case”) and the Plaintiff comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009.

(2) On June 14, 2002, the Plaintiff entered into a contract with the Korea National Housing Corporation and the Plaintiff on June 14, 2002, with respect to the new construction works of 203 through 208 Dong-dong (hereinafter “instant 1 apartment”), which fall under the construction sections of the instant apartment, (hereinafter “instant 1 apartment”). On July 9, 2002, the Plaintiff entered into a new contract with the Defendant SP Construction Co., Ltd. (hereinafter “SP Construction”), and the Defendant Net Construction Co., Ltd. (hereinafter “SP Construction”), with respect to the instant apartment, including 201, 202, 209, 2109, 2109, and 4 (hereinafter “instant apartment construction contract”).

Fidelity Upon completion of the construction of the apartment of this case by the Defendants, the Plaintiff moved into the apartment of this case after undergoing a pre-use inspection from the competent administrative agency on July 1, 2004.

B. (i) Defects arising from defective construction, etc. in common areas and sections for exclusive use of the apartment in this case were caused by the council of occupants' representatives. The plaintiff is composed of the representatives of the sectional owners of the apartment in this case from January 2005.

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