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(영문) 수원지방법원 성남지원 2018.12.11 2016가합201872
양수금
Text

1. As to KRW 2,913,943,765 among the Plaintiff and KRW 201,00,000 among them, the Defendant shall pay to the Plaintiff KRW 2,913,943,765 from April 19, 2016, and KRW 1,305,884.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The plaintiff is a A apartment building constructed on the ground D in Magdae-si D (hereinafter referred to as "the apartment building of this case").

(2) The Defendant is a project proprietor who constructed and sold the instant apartment in order to manage 17 units of 859 units. (2) The Defendant is a project proprietor who constructed and sold the instant apartment.

B. Around October 29, 2010, the instant apartment building was inspected for use and located in the area, and the occupancy was conducted from that time.

C. 1) The occurrence of defects and the claim for repair of the apartment in the instant case were not constructed by the Defendant while constructing the apartment in accordance with the design drawing, or the construction of the apartment in a defective manner or differently from the design drawing was conducted by changing the construction differently from the design drawing, thereby causing a defect such as rupture, water leakage, etc. to the section for common use and the section for exclusive use of the instant apartment. Accordingly, the apartment in the instant case caused an impediment to the function, aesthetic or safety in the apartment. 2) Accordingly, the Plaintiff requested the repair of defects at the request of the Defendant at the request of the occupant or sectional owner of the instant apartment, but there still

(The detailed details are considered in paragraph 2 below).

The Plaintiff’s damage claim acquisition 1) The Plaintiff acquired the damage claim in lieu of the defect repair of the instant apartment from the sectional owners of 715 households among the 859 households of the instant apartment, and notified the Defendant of the fact that the assignment of the claim was delegated with the authority to notify the assignment of the claim, and the notification was delivered to the Defendant. 2) As above, the area of the section for exclusive use by the sectional owners who transferred the damage claim due to the defect is 61,848.21 square meters in total, 61,848.21 square meters in total, and 83.12% in total (i.e., the ratio of the area of the entire section for exclusive use of the instant apartment to 74,404.56 square meters in total (i.e., 61,848.21 square meters in size, 404.

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