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(영문) 부산지방법원 2018.01.10 2015가합48828
손해배상(기)
Text

1. The Defendant’s KRW 197,263,069 for the Plaintiff and KRW 5% per annum from November 13, 2015 to January 10, 2018.

Reasons

1. Basic facts

A. Party 1) The Plaintiff is an apartment building located in Busan Northern-ro 1, 25-9, Busan-gu, Busan-do, Busan-do, Busan-do (hereinafter “instant apartment building”).

(2) In order to manage 216 households, an autonomous management body consisting of their occupants pursuant to the provisions of the Housing Act and the Enforcement Decree of the same Act is an autonomous management body. (2) The Defendant is an executor and a contractor who newly constructed and sold the instant apartment.

B. The approval for use and the occupancy of the instant apartment was obtained on October 6, 201, and the relevant household was delivered to the sectional owners around that time.

C. 1) The Defendant did not perform the construction works of the new apartment in accordance with the design drawing in the construction works of the instant apartment, or changed differently from the defective construction or design drawing, thereby causing defects such as water leakage and rupture in the section for common use and section for exclusive use of the instant apartment, and thereby causing trouble to the function, aesthetic or safety of the apartment. 2) Accordingly, the Plaintiff requested the Defendant to repair the defects of the instant apartment at the request of the occupant or sectional owner of the instant apartment, and the Defendant repaired some defects among them.

However, at present, the section for common use and section for exclusive use of the apartment of this case still have the same defects as in the item column of the defect list in the separate sheet by the defect list by the attached sheet (Provided, That the same does not apply to those indicated as “excluding” in the method of calculating repair costs in the above table; hereinafter referred to as “instant defect”).

1) The Plaintiff transferred the claim for damages in lieu of defect repair 1) The Plaintiff’s share owners of 204 households among the 216 households of the apartment house of this case and the entire sectional owners of the five households of the apartment building of this case (hereinafter referred to as “multi-family housing and the commercial building part,” collectively,

It takes over the damage claim in lieu of the repair of defects.

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