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1. As to KRW 1,239,59,399 and its KRW 101,00,00 among the Plaintiff, the Defendant shall start on May 23, 2014, and the remainder of KRW 1,138.
Reasons
1. Facts of recognition;
A. The Plaintiff is an autonomous organization composed of its occupants to manage the A Apartment-si A apartment (hereinafter “instant apartment”) 11-dong 724 households, and the Korea National Housing Corporation (the Korea Land Corporation was merged with the Korea Land Corporation on October 1, 2009, and became the Defendant; hereinafter “Defendant”) is a project proprietor who newly constructed and sold the instant apartment without distinguishing before and after the merger.
B. The Defendant built the instant apartment and built the apartment, obtained approval for use on June 2009, and transferred the instant apartment to the occupants around that time.
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.
The 702 household of the 724 household of the apartment of this case (hereinafter referred to as the “transfer household of this case”) transferred the damage claim due to the defect of the apartment of this case to the Plaintiff, and notified the Defendant thereof, and reached the Defendant.
As such, the area of the section for exclusive use by the sectional owners who transferred the damage claim due to defects is 57,079.90 square meters in total, and the ratio of the area of 58,872.60 square meters in the entire area of the instant apartment complex to the area of 58,872.95 square meters in total (57,079.90 square meters/58,872.60 square meters and a small number of 5 square meters) is 96.9
(e)a defect;