logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2021.02.04 2018나24852
하자보수비
Text

The judgment of the first instance, including the claims modified, added, and reduced in this Court, shall be modified as follows:

Reasons

1. Basic facts

A. The status of the parties is an autonomous management organization composed of the occupants in order to manage the 785 households of Daegu-gu apartment complex A (hereinafter “the apartment of this case”), and the defendant is the business implementer who sold the apartment of this case, and the defendant assistant is the contractor who performed the construction work of the apartment of this case under the contract with the defendant for the construction work of the apartment of this case.

B. The apartment of this case, upon occurrence of the defect, was inspected on March 23, 201 for the use of the apartment of this case. The construction company C, etc., a contractor of the apartment of this case, did not construct the part to be built according to the design drawing with respect to the apartment of this case, or constructed the apartment in a defective manner differently from the drawing or in a defective manner, thereby causing a defect, such as rupture and water leakage, etc.

Accordingly, the Plaintiff continuously requested the repair of defects to the Defendant and the contractor of the apartment building of this case since the date of the above inspection, and the repair work was conducted for some defects. However, in the section for common use and section for exclusive use of the apartment of this case, there still remains any defects such as the sum of repair costs by the defect list of attached Table 1 and the sum of repair costs by the defect list of attached Table 2 of attached section for exclusive use (hereinafter “the defect of this case”).

(c)

On December 2015, the Plaintiff transferred the claim for damages in lieu of defective repair from 679 households among the 785 households of the instant apartment units (hereinafter “the household that transferred the instant apartment units”) and was delegated with the authority to notify the transfer of the claim, and notified the Defendant of the transfer of each claim as follows.

The ratio of the household that transfers the instant claim is 86.72% (i.e., the total of 56,531.82 square meters for the household that transfers the instant claim ¡À65,189.29 square meters for the entire charged area x 100 square meters for the calculation convenience, and the small number of households below the third place on the calculation convenience.

arrow