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1. Compulsory execution based on the Seoul High Court Decision 2017Na2015131 Decided February 23, 2018 by the Defendant against the Plaintiff is 4.
Reasons
1. Basic facts
A. 1) The defendant is the Daegu Suwon-gu B apartment (hereinafter "the apartment of this case")
(2) A Co., Ltd. (hereinafter referred to as “C”) is an autonomous organization composed of the occupants of 299 households. (2) A Co., Ltd. (hereinafter referred to as “C”) is a project undertaker of the instant new apartment construction, who constructed and sold the instant apartment, and D Co., Ltd. (hereinafter referred to as “D”) is a contractor of the instant apartment. The Plaintiff is a company that guarantees the repair obligation of the instant apartment.
B. The Defendant filed a lawsuit against C, D, and Plaintiff on the ground that the Defendant acquired the damage claim in lieu of the defect repair of the instant apartment from the sectional owners of 295 households among the 299 households (hereinafter “the assignment household of the instant apartment”) in lieu of the defect repair of the instant apartment, as to C, a claim for damages in lieu of the defect repair borne by the buyer under the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”), and as to D, a claim for damages arising from the exercise of the right to claim damages in lieu of the defect repair under the contract on the instant apartment between C and D on the ground that the Plaintiff may exercise the right to claim damages in lieu of the defect repair under the contract on the instant apartment between C and D
(Seoul Central District Court 2015Kahap7157, hereinafter the above case is referred to as the "related case of this case").
In the first instance court of the instant case, on January 25, 2017, the court rendered a judgment of winning part of the Plaintiff (the Defendant of the instant case) with the following content as follows.
As to the above judgment, C, D, and the Plaintiff appealed, and the Defendant did not appeal.
Defendant:
(a) C: 450,127,373 won and 101,00,000 won among them; 349,127,373 won each year from March 24, 2015; 5% per annum from November 29, 2016 to January 25, 2017; and 15% per annum from the following day to the date of full payment;
B.D shall be KRW 176,049,655 and among them, 101.