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(영문) 인천지방법원부천지원 2019.05.17 2016가합102572
하자보수금
Text

1. The Defendant’s KRW 494,021,131 and the Plaintiff’s portion

(a) From October 18, 2016 for KRW 201,000,00:

B. 293,021.

Reasons

1. Facts of recognition;

A. Status 1) The Plaintiff is an apartment A in Kimpo-si (hereinafter “instant apartment”).

2) The Defendant is a seller who constructed and sold the apartment in this case.

3) The Intervenor joining the Defendant is a company that executed landscaping works, such as trees, among the construction works of the instant apartment. B. The approval date of the instant apartment project plan was September 13, 2006, and the approval date of use was July 22, 2010.

The defendant delivered each apartment house to the buyer at the time of the above approval date.

2) However, there were many defects arising from the non-construction, discretionary alteration construction, erroneous construction, or defective construction in the section for common use and section for exclusive use of the apartment in this case. From November 22, 2010 to the time immediately before filing the lawsuit in this case, the Plaintiff officially demanded the Defendant and the contractor to repair the apartment in this case from November 22, 2010, but due to the circumstances that the rehabilitation procedure for the contractor was in progress, only the repair was conducted for some defects, and the remainder was not properly paid for several years. 3) The apartment in this case still remains in the same manner as the repair cost calculation table by the defect list in the section for common use and the repair cost calculation table by the defect list in the section for exclusive use of the attached Form 2 and the repair cost calculation table by the defect list in the attached Form 3, on the premise that the part after conducting the rupture repair of the apartment in this case is also required (the result of the judgment in both paragraph (2) and the result of the appraiser’s modification or supplementation of the defect repair cost.

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