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(영문) 서울중앙지방법원 2020.12.10 2016가합508329
손해배상(기)
Text

1. The Defendants jointly do so to the Plaintiff as to KRW 982,394,424, and KRW 201,00,000, whichever is applicable to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization comprised of occupants to manage six A Apartments (hereinafter “instant apartment”) located in Nam-gu Incheon Metropolitan City E (hereinafter “instant apartment”) 810 households (a total of 117,545.862m2m2).

The Defendants are the project proprietor who constructed and sold the instant apartment, and among them, Defendant D Co., Ltd. (hereinafter “Defendant D”) is the contractor of the said apartment.

B. The approval for use of the instant apartment and India obtained approval for use on February 18, 201, and the relevant household of the instant apartment was transferred to the sectional owners from around that time, and thereafter, the Plaintiff, an autonomous management organization of the instant apartment, was organized.

C. Defendant D, while performing the new construction of the instant apartment, performed a defective construction differently from the design drawing, and the fire doors currently installed on the said apartment (hereinafter “instant fire doors”) remains a defect such as a defect in fire performance.

Of the 810 households of the apartment of this case (a total area of 117,545.862m2m2), the sectional owners of the 789 household (a total area of 114,654,526m2) (hereinafter “transfer household of this case”) assigned the Plaintiff the Plaintiff the right to notify the damage claim and the transfer of the claim in lieu of the defect repair that the Defendants had, and the Plaintiff notified the Defendants of the transfer of the claim four times as shown below, each of the above transfer notification was delivered to the Defendants.

The following facts are established: (a) the number of vehicles transferred (the date of notification) and the number of houses with the notification of the transfer of the area of previous oil owned by a household; (b) the number of households with the notification of the transfer of the area of previous oil owned by the appraiser (the date of notification); (c) on November 65, 2015,063.64, Jan. 26, 2016; 248.942 170, Feb. 16, 2016; 19,836.671 137, Apr. 24, 2018; (d) the total sum of 114,654.52679 [based on recognition] written evidence Nos. 1 through 5; and (e) the results of each supplementary appraisal conducted by the appraiser F (hereinafter referred to as “appraisal”); and (e) the results of each supplementary appraisal conducted by the appraiser; and (e) the results of each supplementary appraisal.

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