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(영문) 서울고등법원 2016.08.23 2016나2006994
하자보수금 등
Text

1. The judgment of the first instance court, including the plaintiff's claim extended at the trial room, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The status of the parties is 1) Defendant (Korea National Housing Corporation and Korea Land Corporation are merged, and the Defendant was established on October 1, 2009 and comprehensively succeeded to the rights and obligations of Korea National Housing Corporation.

) Busan District Court Decision 201Na1448 delivered on May 1, 201

2) The Plaintiff is an autonomous management body that is composed of the occupants to manage the apartment of this case, and the Plaintiff is a contractor who has been awarded a contract for the construction of the new apartment of this case.

B. Upon completion of the usage inspection, the apartment of this case had undergone the usage inspection on December 11, 2009, and around that time, the occupancy of the occupants was completed.

C. 1) After the Defendant sold the instant apartment, there was a defect in the section for common use and the section for exclusive use of the instant apartment by failing to construct the part to be constructed in accordance with the completion drawing when the Defendant constructed the instant apartment, or by performing defective construction or alteration construction. As a result, there was a defect that may hinder the function, aesthetic view, or safety of the instant apartment after the completion of the instant apartment. (ii) The Plaintiff continuously requested repair of the defects after the completion of the instant apartment. Although the Defendant performed partial repair construction, the portion of the instant apartment was still in the section for exclusive use and the section for common use of the instant apartment, there still remains the same defect as the entry in the item column (hereinafter “instant defect”), and the repair of the instant apartment is spent in the same amount as the entry in the attached Tables 1 and 2 in the attached Table 1 and 4.

The plaintiff, who transferred the damage claim in lieu of defect repair, shall be the defendant from the co-owner of the remaining 515 households except for the 73 households specified in the attached Form 3 non-transfer household record among the 58 households of the apartment of this case before the date of closing of argument in the trial.

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