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(영문) 서울중앙지방법원 2013.11.14 2011가단390489
손해배상
Text

1. The Defendant’s KRW 2,310,00 and the Plaintiff’s annual rate of KRW 5% from November 4, 201 to November 14, 2013, respectively.

Reasons

1. Basic facts

A. The defendant is a company that constructed and sold B apartment units in Eunpyeong-gu Seoul Metropolitan Government.

On February 12, 2008, the Plaintiff is a buyer who purchased 801-dong 611 (hereinafter “instant apartment”) from the Defendant among the above apartment buildings.

B. The defendant obtained approval for the use of the apartment of this case on May 14, 2008.

On June 4, 2008, the Defendant completed the registration of ownership preservation on the apartment of this case, and completed the registration of ownership transfer in its name on August 8, 2008 to the Plaintiff.

C. The Plaintiff continuously demanded the Defendant to repair the defects that occurred in the instant apartment from the time of moving into the instant apartment to the time of filing the instant lawsuit.

The Defendant constructed a part of the instant apartment with defective construction while constructing it, there is a defect in the troke and cracks of the lower wall surface of the main and lower wall surface of the instant apartment in the present apartment, and there was a defect in the interior of the outer exchange system outside the wall of the living room (hereinafter referred to as the “instant defect”), and there was a defect in the interior of the outer exchange system outside the wall of the living room (hereinafter referred to as the “instant defect”). Accordingly, there was an obstacle to the function, aesthetic or safety in the instant apartment.

The costs for the repair of the defects in the instant case are KRW 2,310,000 in total ( KRW 539,884 in + KRW 788,632 in 78,632 in + 343,063 in + 63,063 in + 638,421 in + 638,00 in east).

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 3, 7, 8 (including paper numbers), Eul evidence Nos. 1 and 2, the appraiser C's appraisal result, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the Defendant, who built and sold the instant apartment, is obligated to compensate the Plaintiff, a sectional owner of the instant apartment, for damages in lieu of the repair of the instant defects, pursuant to Article 9(1) of the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 11555, Dec. 18, 2012) and Articles 667 through 671 of the Civil Act.

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