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(영문) 대구지방법원 2018.07.04 2018나300980
손해배상(기)
Text

1. Of the judgment of the first instance court, the part against the plaintiffs corresponding to the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the Daegu-gu apartment complex A (five Dong, 767 households, hereinafter “instant apartment”), respectively.

The section for exclusive use by the plaintiffs shall be the section for exclusive use by each plaintiff in the attached Form 2.

The Defendant urban and scenic views Co., Ltd. (hereinafter “Defendant urban and scenic views”) are the executing company of the apartment of this case, and the apartment of this case is the joint construction company of the apartment of this case, and the Defendant Samsan Co., Ltd. (hereinafter “Defendant Sejong”) and the Defendant Briti City Construction Co., Ltd. (hereinafter “Defendant Bri City Construction”) are the joint construction company of the apartment of this case.

B. Defendant urban and scenic views obtained approval for the use of the instant apartment on May 16, 2006, and received a pre-use inspection on May 10, 2013.

C. On June 201 through July 7, 2011, the Defendants agreed to conclude a supply contract on the apartment of this case with the seller that “any defect in the construction of the apartment of this case shall be liable for the repair under the Enforcement Decree of the Housing Act.”

A septic tank shall be installed in front of 101 apartment units of the instant apartment units, 105 rear side, and 105 rear side of the commercial building (hereinafter referred to as “Article 1” and “Article 2” in the forepart of 101), and around April 17, 2015, the sewage of Article 1 was exceeded, and the water was generated from the first underground floor and the second underground floor.

(hereinafter “instant primary accident”). At the time of finding that water leakage occurred on the side of the council of occupants’ representatives of the instant apartment, the water stipulated in Article 1 septic was collected from approximately 1.5 meters above the center of the pumps monitoring circuit (the warning issuing point).

Due to the leakage of the above septic tanks, electric facilities in the direction of the entrance entrance of the entrance of the 101-2, 3 elevator of the apartment of this case were flooded.

E. The council of occupants’ representatives of the instant apartment and Defendant Samsan, even though the water of the septic tank was high-level as a result of a field investigation around April 29, 2015.

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