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(영문) 서울중앙지방법원 2019.07.24 2018가합536410
손해배상(기)
Text

1. The Defendant’s KRW 304,774,216, and the Plaintiff’s annual interest from May 31, 2018 to July 24, 2019, and the following.

Reasons

1. Basic facts

A. The status of the parties is the seller of the Nam-gu Busan Metropolitan Government Multi-Family Housing Co., Ltd. (114 households, 10 households, and 6 neighborhood living facilities; hereinafter “the instant multi-family housing”). D Co., Ltd. (hereinafter “D”) is a contractor who has completed construction of the instant multi-family housing after being awarded a contract with the Defendant for the new construction of the instant multi-family housing, and the Plaintiff purchased all of the instant multi-family housing from the Defendant and engages in the rental business.

B. A pre-use inspection and the instant multi-family housing that moved in had undergone a pre-use inspection on July 29, 2016, and was delivered to the occupants around that time.

C. 1) The occurrence of a defect and the claim for the performance of the repair of a defect were not constructed, or the parts to be constructed in accordance with the design drawing were constructed in a way different from or inadequate from the drawing, and there was a rupture, water leakage, etc. in the common areas and the section for exclusive use of the instant apartment building. 2) Accordingly, the Defendant paid the Plaintiff KRW 5,000 on December 14, 2017, and KRW 28,000,000 on February 9, 2018, respectively, in the instant apartment house, but still remains as well as in the instant apartment house, such defects as indicated in the attached Table 1 (hereinafter “instant defect”).

[Ground of recognition] Unsatisfy facts, Gap evidence 1, Eul evidence 1 to 4 (including additional evidence; hereinafter the same shall apply), each appraisal result of appraiser E (hereinafter "the appraisal result of this case"), the purport of whole pleadings

2. The plaintiff's assertion is the business operator who sold the instant collective housing in lots, and is the owner of the instant collective housing in lieu of the defect repair in accordance with the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), and the plaintiff, the owner of the instant collective housing in lieu of the defect repair in relation to the instant collective housing in question, KRW 362,406,229 (the cost of defect repair - KRW 33,00,000) and the damages for delay.

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