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(영문) 인천지방법원 2015.10.02 2013가합33504
하자보수금 등
Text

1. As to the Plaintiff’s KRW 809,510,208 and its KRW 101,00,000 among them, the Defendant shall start from August 9, 2013 to the remainder.

Reasons

1. Basic facts

A. The defendant is a project proprietor who newly constructed and sold the 11,011 household units, Songman-si, Songman-si, 11 apartment complex 1,01 (hereinafter "the apartment of this case"). The defendant is a contractor of the apartment of this case, and the defendant's intervenor is a contractor of the apartment of this case. The plaintiff is an autonomous management body of the apartment of this case composed of the representatives of occupants of the above 11 units of Dong-gu.

B. The Defendant, on July 29, 2009, obtained approval for the use of the instant apartment.

However, by constructing the instant apartment, the Defendant did not construct or mistakenly constructed the part to be constructed in accordance with the design drawing while constructing the instant apartment, or by modifying differently from the design drawing, there was a defect such as rupture, water leakage, and rupture in the instant apartment, thereby causing a trouble in the function, aesthetic view, or safety in the instant apartment.

At present, the section for common use and section for exclusive use of the apartment of this case

3. There remain the same defects as the entries in paragraph (1).

C. The transfer of damage claim 1) Of the instant apartment 1,01 generation, 694 households transfer the damage claim in lieu of the defect repair against the Defendant to the Plaintiff, and entrust the Plaintiff with the right of notification of the transfer of claim pursuant thereto. The Plaintiff notified the transfer of claim and served the notification of the said transfer to the Defendant. Meanwhile, the ratio calculated by dividing the total area of the household’s exclusive ownership of the household that transferred the claim to the Plaintiff by the total area of the entire household’s exclusive ownership of the instant apartment complex = 73.50% of the total area of the household’s exclusive ownership of the household that transferred the claim to the Plaintiff = 56,059.7 square meters ± the total area of the entire household’s exclusive ownership of the household that transferred the claim ± 76,271.72 square meters 】

In this case, the transfer ratio of claims to the Plaintiff is the remaining generation except 253 households leased by the Defendant to another out of the apartment of this case, the total area of the household that transferred the claim to the Plaintiff.

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