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(영문) 수원지방법원 성남지원 2018.02.13 2013가합203518
하자보수비등
Text

1. As to the Plaintiff KRW 3,084,574,311 and its KRW 101,00,000 among them, the Defendant shall start on October 8, 2013, and the remainder on December 2, 2083.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is an apartment building A constructed on the ground B of Osan City (hereinafter “instant apartment building”).

(2) The Defendant is a project proprietor who constructed and sold the instant apartment in lots in order to manage the 19-dong 19-dong 1,060 households.

B. A pre-use inspection and the occupancy of the instant apartment was conducted on September 8, 2010, and the occupancy was conducted around that time.

C. 1) The occurrence of defects and the claim for repair of the apartment in the instant case were not constructed by the Defendant while constructing the apartment in accordance with the design drawing, or the construction of the apartment in a defective manner or differently from the design drawing was conducted by changing the construction differently from the design drawing, thereby causing a defect such as rupture, water leakage, etc. to the section for common use and the section for exclusive use of the instant apartment. Accordingly, the apartment in the instant case caused an impediment to the function, aesthetic or safety in the apartment. 2) Accordingly, the Plaintiff requested the repair of defects at the request of the Defendant at the request of the occupant or sectional owner of the instant apartment, but there still

(The detailed details are considered in paragraph 2 below).

The Plaintiff acquired the Plaintiff’s damage claim, among the 1,060 apartment units of this case, for 664 households, the appraisal of defects on the apartment units of this case was conducted for 670 households, excluding 390 households, which were not sold at the time of the appraisal of defects among the total 1,060 households.

(1) Of 670 households, a transfer inspection was conducted against 553 households. On the other hand, among the 670 households that were subject to the appraisal of defects, the number of households that did not transfer the damage claim to the Plaintiff among the 670 households that were subject to the appraisal of defects is the total of 27 households, and the number of households that transferred the damage claim to the Plaintiff among the 390 households that were sold after the appraisal of defects is the total number of households.

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