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(영문) 부산지방법원 2019.02.13 2017가합46154
하자보수에 갈음하는 손해배상청구의 소
Text

1. The Defendants jointly committed against the Plaintiff in relation to KRW 641,363,789 and KRW 635,492,809 among them, from October 3, 2018, and 1.

Reasons

Facts of recognition

A. Party 1) The Plaintiff is an officetel located in Busan Metropolitan Government D (hereinafter “instant condominium”)

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is an executor who constructed and sold the instant aggregate building.

3) Defendant C Co., Ltd. (hereinafter “Defendant C”)

(B) Defendant B obtained approval for the use of the instant aggregate building on October 27, 2013 from Defendant B for the construction of the instant aggregate building. At the same time, each of the instant aggregate buildings was delivered to the sectional owners. (c) Defendant C did not construct the instant aggregate building, and did not construct the construction according to the design drawings, or constructed the exclusive part of the instant aggregate building or constructed it differently from the design drawings.

2) Accordingly, the Plaintiff continuously requested the Defendants to repair defects from May 2016 upon the request of the occupants, etc. of the instant condominium building from around May 2016, and Defendant C also repaired some defects. However, the instant condominium still remains a defect, such as the defect repair sum sheet in attached Table 1. (hereinafter “instant defect”).

(D) The Plaintiff, in lieu of the defect repair, was entitled to the claim for damages in lieu of the defect repair from the sectional owners of 315 households among the 380 households of the instant aggregate building (hereinafter “the instant assignment household”), and was delegated with the authority to notify the assignment of claims to the Defendants, and notified the Defendants of the fact of the assignment of claims. The notification to 312 households on October 2, 2018 was given to the Defendants, and the notification to 12 households on November 12, 2018, to Defendant B, and Defendant on November 13, 2018.

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