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(영문) 의정부지방법원 고양지원 2018.02.01 2015가단23539
손해배상(기)
Text

1. The plaintiff's lawsuit on the construction of Hansung Co., Ltd. shall be dismissed.

2. The defendant Grand Plus Co., Ltd. shall be the defendant Grand Plus.

Reasons

1. Basic facts

A. The plaintiff is an autonomous management organization composed of the occupants in order to manage 8 and 545 households of the apartment complex blue village 7 complexes in Yongsan-gu, Seoyang-si (hereinafter referred to as the "the apartment of this case") located in 207 of Goyang-si, Seoyang-si. The plaintiff is the owner and the seller of the apartment of this case, and the defendant Hanyang-gu Co.,, Ltd. (hereinafter referred to as the "the defendant Han Young-si") is the construction contractor of the apartment of this case, and the construction of the defendant Hancheon-gu Co., Ltd. (hereinafter referred to as the "the defendant Han-si Construction") is the construction contractor of the apartment of this case by being awarded a contract for construction works

B. The instant apartment was completed a pre-use inspection on March 29, 2010. The Plaintiff continued to request the Defendants to repair the defects at the request of the occupants and sectional owners of the instant apartment from October 27, 2010, but did not repair the defects properly.

C. Of the instant apartment 545 households, the owners of 518 households transferred the Plaintiff the defect repair claim that the Defendants had against the Defendants and the damage claim in lieu thereof, and delegated the authority to notify the assignment of claims, and the Plaintiff notified the Defendants of the fact of the assignment of claims on June 12, 2015.

The ratio of the area of the section for exclusive use by 518 households that have transferred the claims is 94.89% of the area of the entire section for exclusive use.

As a result of the appraisal of defects in the apartment of this case, with respect to defects after the pre-use inspection of the apartment of this case, the Seoul High Court 2017Na2045651 against the Housing and Urban Guarantee Corporation is currently underway.

As a result of non-construction defects, defects such as “each of the stairs rooms PS and ES inside the ePS construction” exist in the section for common use, and “satisfying construction” in the section for exclusive use, such as “satisfying construction”. The cost of KRW 228,279,70 is required to repair the section for common use, including the section for exclusive use 191,750,800 and the section for exclusive use 36,528,900.

[Reasons for Recognition]

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