1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion

A. The Defendant is a project proprietor who constructed and sold 15 dong-gu 1273 households in the Dong-gu Incheon-ro 187, Dong-gu, Incheon-ro (hereinafter “the apartment of this case”). The Plaintiff is an autonomous management body composed of occupants for the management of the apartment of this case pursuant to the Housing Act and the Enforcement Decree of the Housing Act.

B. After the Defendant newly built and sold the instant apartment, the Defendant occupied the residents from the end of October 30, 2012 with the approval for use on October 30, 2002, and from the end of November 2012, seven households among 15 units (106, 108, 110, 111, 113, 114, 115), and six hundred and twenty-four households among 15 units (101, 102, 103, 104, 105, 107, 109, 112), and the remaining eight units (10, 102, 103, 104, 107, 109, 112 units) were leased on the premise that they will be converted for sale thereafter.

C. However, by constructing the instant apartment, the Defendant did not construct the part to be constructed in accordance with the design drawing, or constructed an defective construction or modified construction, there were defects such as building outer walls and interior cracks, water leakage, whiteization, and steel strawing in the section for common use and section for exclusive use of the instant apartment.

On March 21, 2006, the Plaintiff filed a lawsuit with the Suwon District Court 2006Gahap2397 on March 21, 2006 on behalf of the Defendant for the payment of damages in lieu of the defect repair of the instant apartment among the entire households of the instant apartment units, and acquired the right to claim damages in lieu of the defect repair of the instant apartment units from the sectional owners of 571 households among the 624 households of the sales household, a legitimate right holder, from October 2008, until October 2008 during the lawsuit, and completed the procedure of notifying the assignment of claims.

In the above related litigation, the plaintiff partly won, and the appellate court (Seoul High Court 2009Na10364) partially changed the defective items recognized on February 15, 2012, and applied the limitation of liability ratio of 65% to the plaintiff, "the defendant shall pay the plaintiff 913,173,848 won and its delay damages."