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(영문) 수원지방법원성남지원 2016.11.16 2014가합204617
양수금
Text

1. As to the Plaintiff KRW 527,958,514 and KRW 101,00,00 among them, the Defendant shall start from July 24, 2014; and the remainder 426,958.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous organization composed of the occupants to manage the 423 households of Seocho-gu Village 5 apartment complex (hereinafter “instant apartment complex”) located in Seoyang-gu, Seoyang-gu, Seoyang-gu, 156 (hereinafter “instant apartment complex”). The Korea National Housing Corporation (hereinafter “Defendant”) was merged with the Korea Land Corporation on October 1, 2009 and became the Defendant, and the Korea National Housing Corporation (hereinafter “Defendant”) newly built and sold the instant apartment complex.

B. The Defendant built the apartment and built the apartment of this case and obtained approval for use on August 14, 2008, and around that time, delivered the apartment of this case to the occupants.

C. 1) In constructing the instant apartment, the Defendant did not construct the part to be constructed in accordance with the design drawing, or performed defective construction or modified construction, thereby causing defects such as rupture and water leakage to the section for common use and section for exclusive use of the instant apartment. As a result, the instant apartment has caused trouble in the function and safety in the instant apartment. 2) The Defendant did not properly perform the duty of repairing the defects even after receiving a request for repairing the defects from the Plaintiff several times and did not perform the duty of repairing the defects, which remains in the public use and section for exclusive use of the instant apartment (attached Form 1), and [Attachment 2] of each item of damages.

Of the 423 households of the apartment of this case, 409 households (hereinafter referred to as the “transfer household of this case”) transferred the damage claim arising from the defect of the apartment of this case to the Plaintiff, and notified the Defendant thereof, and reached the Defendant.

As such, the ratio of the area of the section for exclusive use of the apartment of this case to the area of the entire section for exclusive use of the apartment of this case is 96.69%.

E. Damages of this case due to defects are assessed against the apartment of this case.

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