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(영문) 서울고등법원 2014.10.22 2012나85726
손해배상 등
Text

1. Of the judgment of the court of first instance, the defendants each of the plaintiffs (appointed parties) and the attached Form 3's award.

Reasons

1. Basic facts

A. Status 1 of the parties : Ethz Development Co., Ltd. (hereinafter “Ethz Development”)

The head of Seocho-gu Seoul on July 11, 2006, the Seocho-gu Seoul Metropolitan Government L apartment (hereinafter referred to as the “instant apartment”).

The approval of the housing construction project plan was obtained, and the approval of the modification was obtained on December 20 of the same year with respect to the total floor area and the arrangement plan partially modified. Afterwards development, Defendant Korea Assets Trust Co., Ltd. (hereinafter “Defendant Korea Assets Trust”).

(2) On March 16, 2007, the Defendant D Co., Ltd. (hereinafter “Defendant D”) in Hyundai Construction Co., Ltd. (hereinafter “Defendant D”) concluded a trust contract with respect to the instant apartment site, and the project undertaker related to the instant apartment site from the head of Seocho-gu Seoul Office to the Defendant Korea Asset Trust from Erts Development to the Defendant Korea Asset Trust.

(2) Around July 2007, the Plaintiff et al. entered into a sales contract with respect to each relevant Dong and lake as indicated in the “Dong and lake” column in the attached Form 2 list of Defendant Korea Asset Trust and the instant apartment complex (hereinafter “attached Form 2 list”) and the purchase price for each unit and lake.

B. On the other hand, the apartment of this case had undergone a pre-use inspection on July 1, 2009, and the defendants constructed the apartment of this case in a newly constructed apartment of this case according to the design drawing, or changed the construction differently from the defective construction or design drawing, thereby causing an obstacle to the function, aesthetic sense or safety of the apartment in the section for common use and section for exclusive use of the apartment of this case. The defects of the contents as shown below remain in the section for common use and section for exclusive use of the apartment of this case.

C. Of the apartment buildings in this case with the area of exclusive ownership, the sum total of the area of exclusive ownership in a house owned by all sectional owners is 24,96.44 square meters, and the area of each exclusive ownership in a house sold by the plaintiff et al. shall be as shown in attached Table 2.

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