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(영문) 의정부지방법원고양지원 2019.02.15 2016가합74159
손해배상(기)
Text

1. The Defendant’s KRW 1,486,969,70 among the Plaintiff and KRW 800,000 among them, shall be KRW 686,969,700 from September 29, 2016, and KRW 686,969,700.

Reasons

1. Basic facts

A. (1) The Plaintiff is an autonomous management organization that consists of occupants to manage A apartment complex A located in Gyeyang-gu, Gyeyang-gu, Seoyang-gu (hereinafter “instant apartment”) 598 households in order to manage the nine apartment complex A (hereinafter “instant apartment”).

[A] Evidence Nos. 1, 8, and appraiser E (hereinafter referred to as “ appraiser”);

(2) As a result of the appraisal of defects, the Defendant is a person who constructed and sold the apartment of this case and the apartment of this case.

B. On December 3, 2013, the apartment of this case where defects occurred is specified as “the December 2013.” The appraiser’s appraisal of defects on December 3, 2013, and the Plaintiff and the Defendant asserted that the approval date of use was December 3, 2013.

Along with the pre-use inspection (832 pages as a result of appraisal of defects by an appraiser), the Defendant was located around that time. As to the construction of the apartment of this case, the Defendant did not construct the part to be constructed according to the design drawing, or constructed the apartment of this case differently from the drawing or poorly and caused defects such as rupture and water leakage to the section for exclusive use and the section for common use of

Accordingly, from August 18, 2014, the Plaintiff requested the Defendant to repair defects (Evidence A9), and the repair work was conducted for some defects. However, in the section for exclusive use and section for common use of the instant apartment, there still remain the same defects as indicated in the repair cost aggregating table by the defect list of the section for exclusive use and section for common use in attached Form 1 and the repair cost aggregating table by the defect list of section for common use in attached Form 2 (hereinafter “instant defect”).

(As a result of the expert witness's defect appraisal, the result of the expert witness's additional defect appraisal, each fact inquiry about the appraiser in this Court).

The plaintiff to transfer the damage claim of this case is 592 households or less of 592 households among the 598 households of this case.

The household that did not transfer the claim is ① Fdong G, ② Hdong I, ③ Hdong Jho, ④ Kdong L, ⑤ Mdong Nho, 6 Odong P.

From the sectional owners of the apartment of this case, they have against the defendant.

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