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(영문) 서울중앙지방법원 2019.11.20 2017가합585910
손해배상(기)
Text

1. The Defendant’s KRW 481,269,739 and KRW 472,462,95 among the Plaintiff and KRW 8,806,744 from February 27, 2018.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization consisting of 304 occupants of the selling household among Eunpyeong-gu Seoul Metropolitan Government A Apartment (11 Dong, 707 Dong, 304 households for sale, 403 households for lease, hereinafter “instant apartment”). 2) The Defendant is a project undertaker who constructed and sold the instant apartment.

B. The instant apartment building that was approved for the use of the apartment of this case was completed and approved for the use on May 14, 2008.

C. 1) The Defendant, through the contractor, did not construct the part to be constructed in accordance with the design drawing while constructing the instant apartment through the contractor, or constructed the instant apartment in a way different from or defective from the design drawing. Accordingly, the Plaintiff requested the Defendant to repair defects several times from March 2010 to May 2016. (2) However, in the instant apartment, there are defects such as the entry of the sum table of the repair cost for each defect list in the instant apartment, and the repair cost is as indicated below.

(Exemption from Fire Door Defect and the following factors are reflected). After the approval for the use of the separate cost of repairs was granted for the second and fourth years of the second year of the second year, the 73,422,027,809,989,56,146, 184 11,590,704 154,958,3434,374,988,988,91,91,91,91, 238, 23857, 2384, 2754, 2647, 46365, 748, 757, 7464, 757, 367, 4674, 167, 4205, 3657, 2748, 2757, 20757, 3078, 27847, 2084, 2757

D. 1) Of the 304 households of the apartment of this case, the sectional owners of 276 households among the 304 households of the apartment of this case, transferred, respectively, the right to claim for the repair of defects and the right to notify the assignment of claims in lieu thereof to the Plaintiff, and the Plaintiff notified the Defendant of the above assignment of claims. 2)

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