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(영문) 광주지방법원 2017.09.15 2017가합51018
손해배상(기)
Text

1. The Defendant’s KRW 324,051,183 as well as the Plaintiff’s annual rate from February 23, 2017 to September 15, 2017, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant’s contract conclusion (1) is a local government-invested public corporation established pursuant to the Local Public Enterprises Act for housing projects, etc., and the Plaintiff is a business entity that implemented construction projects of ten (10) Dong Dong-dong 680 (hereinafter “this hour apartment”) for the purpose of lease. The Defendant is a company that operates housing construction and sales business.

(2) On March 25, 200, the Plaintiff entered into a contract with the Defendant and Namyang Construction Co., Ltd. (hereinafter “Namyang Construction”) on the construction of the instant apartment (hereinafter “instant contract”).

B. On January 24, 2002, the Plaintiff obtained approval for the use of the instant apartment, and around that time leased and delivered the instant apartment to the lessee.

(2) On May 2007, the Plaintiff converted the apartment of this case into parcelling-out.

C. (1) As the defect of the apartment in this case and the result of the prior lawsuit, defects such as non-construction, alteration construction, and defective construction have occurred in the section for common use and section for exclusive use of the apartment in this case, the council of lessees' representatives and the council of occupants' representatives of the apartment in this case, which are composed of the lessees and sectional owners of the apartment in this case, continuously demanded the plaintiff to compensate for damages in lieu of the defect repair and defect repair of the apartment in this case. On October 9, 2007, the plaintiff paid KRW 559,259,259,260, and KRW 7,391,040 to the council of lessees' representatives of the apartment in this case on October 17, 208.

(2) After that, the council of occupants' representatives of the instant apartment (hereinafter referred to as the "council of occupants' representatives") shall claim damages in lieu of the defect repair against the Plaintiff from the sectional owners of the ten apartment units of the instant apartment units with respect to the defects remaining in the section for common use and section for exclusive use of the instant apartment units.

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