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1. The Defendant’s KRW 514,723,265 among the Plaintiff and KRW 375,707,007 among the Plaintiff, shall be KRW 37,55,138.
Reasons
1. Basic facts
A. 1) The plaintiff is the party in the position of the party in question. The plaintiff is the Seopo-dong-dong Apartment Apartment Co., Ltd. (hereinafter "the apartment in this case").
(2) In order to manage 517 households, an autonomous management body consisting of their occupants pursuant to the provisions of the Housing Act and the Enforcement Decree of the same Act. (2) The Defendant is an executor and a contractor who newly constructed and sold the instant apartment.
B. On June 20, 2013, the Defendant obtained the approval of the use of the instant apartment from the head of the Seo-gu Busan Metropolitan City Office for the use of the apartment, and around that time, the instant apartment was delivered to the sectional owners, respectively.
C. (1) On September 2015, when the lawsuit of this case is pending, the Plaintiff: 373 households out of 517 apartment units of this case (i.e., 101 Dong 85 households, 102 Dong 85 households, 202 Dong 120 households, 120 Dong 86 households, 102 Dong 82, and 120 households, and hereinafter referred to as “first assignment household”).
(2) On October 28, 2015, the Plaintiff acquired the damage claim in lieu of the repair of defects from the sectional owners and notified the Defendant of the said assignment of claims on October 23, 2015, and the Defendant received the said notification on October 26, 2015. (2) On October 29, 2015, the Plaintiff received the said notification from the instant 517 households (i.e., 38 households (i., 101 households, 102 households, 101 households, 102, 202, 13, 202 households, 102 households, 205 households, 202 households, hereinafter referred to as “second assignment households”) in lieu of the repair of defects, and was delegated with the notification of the said assignment of claims, and the Defendant received the said notification on October 29, 2015.
3) On January 2017, when the lawsuit of this case is pending, the Plaintiff: 81 households among the 517 apartment units of this case (i.e., 101 Dong 23 households, 102 Dong 201 Dong 15 households, 202 Dong 26 households, 202 Dong 17, and hereinafter referred to as “third-party assignment household”).
It is substituted for the repair of defects from the sectional owners.