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(영문) 제주지방법원 2018.06.28 2016가합10076
손해배상(건)
Text

1. The Defendant’s KRW 51,759,193 as well as 5% per annum from January 29, 2016 to June 28, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Status 1) The Plaintiff is the Jeju A Apartment (hereinafter “instant apartment”)

(2) In order to manage 1,068 households, the Defendant is an autonomous management body composed of its occupants. (2) The Defendant is a person who comprehensively succeeds to the rights and obligations of the said Korea Housing Corporation upon dissolution on October 1, 2009, pursuant to Article 7 of the Addenda to the Korea Housing Corporation Act, the Korea Housing Corporation that constructed and sold the instant apartment complex.

The defendant assistant intervenor is a company that performed landscaping works from the defendant among the new construction works of the apartment of this case.

B. On January 23, 2006, the apartment building of this case was occupied from the time after obtaining approval for use on the apartment building of this case. The construction of the apartment of this case by the Defendant did not construct the part to be constructed in accordance with the design drawing, or modified and constructed differently from the defective construction or design drawing, which resulted in a defect such as heating, water leakage, etc. in the section for common use and section for exclusive use of the apartment of this case. 2) The Plaintiff continuously requested the repair of defects to the Defendant at the request of the occupants or sectional owners, and some repair work was performed. However, the section for common use and section for exclusive use of the apartment of this case still remains the same as the attached Table 1 and 2 of the "general table for repair by item for the section for exclusive use and section for exclusive use" (hereinafter referred to as the "defect of this case").

In order to repair this, the expenses of the same amount as the indicated below are required (if an appraiser revises or alters an error through each appraisal supplement, and if the appraiser or the defendant accepts an argument from the plaintiff or the defendant, then the cost of repairing the defect was calculated by reflecting the result thereof). After the inspection on the use of the previous portion for the 121,132,000 portion for the 5th five years following the 10th 5th 10th 5th 5th 5th 5th 121,132,000 portion for the 121,132,000 section for common use.

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