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(영문) 수원지방법원성남지원 2015.07.15 2012가합24305
손해배상(기) 등
Text

1. As to the Plaintiff KRW 1,096,307,746 and its KRW 101,00,000 among them, the Defendant shall start January 15, 2013, and the remainder of KRW 95,307.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous organization composed of the occupants in order to manage the 35-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si (hereinafter “instant apartment”). The Korea National Housing Corporation (hereinafter “Defendant”)

B. The Defendant built the apartment and built the apartment of this case and passed a pre-use inspection on October 7, 2008, and around that time, delivered the apartment of this case to the occupants.

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 a defective construction or modified construction, thereby causing defects such as rupture and water leakage in the common area and the 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 area and the section for exclusive use of the instant apartment (attached Form 1), and [Attachment 2] of each item of damages.

Of 988 households of the apartment of this case, 903 households (hereinafter “the assignment household of this case”) transferred to the Plaintiff the damage claim due to the defect of the apartment of this case to the Defendant, and notified the Defendant thereof.

As such, the area of the section for exclusive use by the sectional owners who transferred the damage claim due to defects is a total of 75,320.40 square meters, and the ratio occupied by the area of 82,423.64 square meters of the entire area of the apartment of this case to the area of 82,423.64 square meters of the entire apartment of this case is 91.38% (=75,320.40 square meters/82, 423.64

(e)any defect;

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