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Reasons
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(영문) 춘천지방법원 2019.01.09 2015가합6272
손해배상(건)
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1. The Defendant’s KRW 2,078,211,370 among the Plaintiff and KRW 459,00,000 among the Plaintiff, shall be KRW 58,697,461 from October 14, 2015.

Reasons

1. The occurrence of defects and the transfer of damage claim;

A. 1) The Plaintiff is the party to the dispute. The Plaintiff is the 10-dong A apartment in Chuncheon City, 470 households and ancillary facilities (hereinafter “instant apartment”).

(2) The defendant is a project proprietor who constructed and sold the apartment of this case.

3) Defendant Intervenor B Co., Ltd. was contracted with construction works among the Section 2 of the instant apartment construction works. Defendant Intervenor C Co., Ltd. contracted with the elevator construction works among Section 2 of the instant apartment construction works. The approval for use and the Defendant occupied the instant apartment on August 31, 201, and entered into the instant apartment on August 31, 201. Around that time, the Defendant had obtained approval for use of the instant apartment construction works, and entered into the instant apartment after that time. (c) the Defendant’s construction of the instant apartment, while constructing the instant apartment, did not construct the parts to be built in accordance with the design drawings, or constructed the instant apartment by changing the construction differently from the design drawings, thereby causing a defect such as rupture, water leakage, etc. to the section for common use and section for exclusive use of the instant apartment. Accordingly, the instant apartment caused an obstacle to

2) Accordingly, the Plaintiff requested the Defendant to continuously repair defects at the request of the occupant or sectional owner of the instant apartment. Although the Defendant intended to perform partial repair works on the said defects, there still remains any defects in the common area and the section for exclusive use of the instant apartment (specific details are as follows.

The Plaintiff, in lieu of the defect repair, acquired the right to claim damages in lieu of the defect repair from the sectional owners of 466 households among the total 470 households of the apartment of this case, in lieu of the defect repair, and the notification of the assignment of claims was made.

(b) transfer of claims.

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