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(영문) 수원지방법원성남지원 2017.09.19 2013가합204153
하자보수금 등
Text

1. As to the Plaintiff KRW 954,516,173 and KRW 101,00,00 among them, the Defendant shall pay to the Plaintiff KRW 651,476,408.

Reasons

Basic Facts

The status of the parties is an autonomous management organization comprised of the occupants in order to manage the 7-dong and 464 households of the apartment complex A in Seongbuk-gu, Seongbuk-gu (hereinafter referred to as the “instant apartment complex”).

The defendant is the project undertaker who constructed and sold the apartment of this case, and the defendant's assistant intervenor is the subcontractor who performed the elevator construction work during the new construction of the apartment of this case.

On November 2, 2009, the apartment of this case was approved for use on November 2, 2009, and it was occupied from that time.

The occurrence of defects and the repair claim of the apartment of this case did not construct the part to be constructed in accordance with the design drawing while constructing the apartment of this case, or constructed the apartment of this case with the defective construction or with the alteration of the design drawing differently from the design drawing. As a result, there were defects such as rupture and water leakage in the section for common use and section for exclusive use of the apartment of this case.

Therefore, the plaintiff still has a defect repair by requesting the defendant to repair the defects at the request of the tenant or sectional owner of the apartment in this case. However, the plaintiff's 260,891, 379, 48, 320, 94, 94, 302, 598, 1766 65,322, 181, 40,867, 4779, 4779, 914, 923 780, 492, 492, 492, 368, 368, 468, 274, 278, 464, 2784, 267, 467, 2784, 267, 467, 2784, 467, 2784, 2675, 2764, 2784, 2675

The transfer of claims is a case in which the total of 464 households of the apartment of this case does not exceed 420 households.

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