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(영문) 서울중앙지방법원 2014.09.04 2013가합31682
손해배상(기) 등
Text

1. For the plaintiffs, the defendants' damages in lieu of repair of defects" in the separate sheet of the cited amount in attached Form 2.

Reasons

1. Defendant A Housing Redevelopment and Rearrangement Project Association (hereinafter referred to as the “Defendant Cooperative”) had undertaken a redevelopment project to newly construct and sell the Dongdaemun-gu Seoul Metropolitan Government apartment B (hereinafter referred to as the “instant apartment”) and had completed the project implementation authorization on August 9, 2007.

Defendant Construction Co., Ltd. (hereinafter referred to as “Defendant Construction”) contracted a new construction work of the instant apartment from the Defendant Partnership, and completed the construction work around December 201, 201.

Defendant Union obtained permission for use prior to the completion of construction from the Dongdaemun-gu Office on December 23, 2011.

On October 25, 2013, the Defendant Union obtained authorization of completion from the Dongdaemun-gu Office, and completed registration of ownership preservation for its members around April 10, 2014, and completed the registration of ownership transfer for the general buyers.

The Plaintiffs, among the instant apartment buildings from the Defendant Cooperative, received each partitioned building indicated in the “Dong” and “Dong” column in the attached amount table among the apartment buildings in this case (hereinafter “each of the instant sales contracts”) from the Defendant Cooperative, and paid all the sales price to the Defendant Cooperative by the time of each of the relevant occupancy.

(Plaintiffs 12-15, 18, 19, 24, 25, 29, 30,33,44,45,47, 48, 52, 53, 64, 65, 76, and 77 jointly purchased each of the relevant partitioned buildings. Due to the non-construction, modified construction, and defective construction of the Defendant’s completion construction, defects such as rupture have occurred in the instant apartment.

There is still a defect in the apartment of this case even though the construction of the defendant was partially repaired upon the tenant's demand for remuneration.

In order to repair the defect, the same amount as the following [the General Table of Repair of Defects] is required (the details of the self-paid defect and repair costs are the basis of the partial map in the case of the section for common use. The appraisal of December 11, 2013 shall be based on the 99 pages or less, and the rupture repair shall be based on the partial map.

The section for exclusive use shall be the same as that of the section for exclusive use, and the section for exclusive use shall be specified in attached Table 1, letter of reply to the appraisal and supplementation of January 28, 2014

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