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(영문) 광주지방법원 2020.07.03 2018가합52490
하자보수에 갈음하는 손해배상 청구의 소
Text

1. As to KRW 1,144,354,837 among the Plaintiff and KRW 1,133,376,445 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 1,144,35 from September 13, 2018, KRW 10,978,391.

Reasons

1. Basic facts

A. The Plaintiff, such as the status of the parties, is an autonomous management body that consists of representatives of residents elected by the residents of the 404-dong residents of the Nam-gu Seoul Metropolitan Government A Apartment (hereinafter “instant apartment”) through lawful procedures. The Defendant is a project proprietor who newly constructed and sold the instant apartment.

The Intervenor Intervenor B Co., Ltd. (hereinafter referred to as the “ Intervenor”) contracted with the Defendant for the new construction of the instant apartment, and constructed the instant apartment.

The apartment of this case was approved on June 3, 2010 and was delivered to the buyer around that time.

B. As the Defendant newly constructed the instant apartment, there was a defect such as rupture and water leakage in the instant apartment section and the section for exclusive use by failing to construct the parts to be constructed in accordance with the design drawing, or by performing defective construction, or by altering the design drawing differently from the design drawing, and thereby, the instant apartment was likely to hinder the function, view, or safety of the apartment.

The Plaintiff continuously requested the Defendant to repair the defects that occurred in the apartment of this case immediately after the occupancy.

However, the apartment of this case still remains in the same defects as the sum sheet in the attached Table 1 list of defects (hereinafter “instant defects”) on the ground that the repair is not properly performed or is not entirely performed.

C. The sectional owners of 394 households among the 404 households of the instant apartment that acquired the damage claim in lieu of defect repair, transferred the damage claim in lieu of defect repair to the Plaintiff, and delegated the right to notify the assignment of the claim to the Defendant.

On September 11, 2018, the Plaintiff notified the Defendant of the transfer of each of the 390 households among the sectional owners of the instant apartment (hereinafter “the first assignment household”) and the 4th generation on October 2, 2019 (hereinafter “the second assignment household”).

(e).

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