logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.08.22 2012가합5859
하자보수금
Text

1. The plaintiff's rehabilitation debtor's rehabilitation claim against the debtor, 390,141,236 won and 101,00 among them.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management body composed of its occupants to manage the 561 household units A, an apartment-type factory in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant condominium building”).

Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) is a construction project of the instant condominium building.

A guardian S&A Co., Ltd. (hereinafter referred to as the “ guardian S&A”) is a project proprietor who has concluded a contract for the instant condominium building and sold the building in lots.

B. The instant aggregate building was newly built and undergone a pre-use inspection on September 2008.

C. As to the new construction of the instant aggregate building, the portion to be constructed in accordance with the design drawings was not constructed, or modified, constructed or performed insufficiently differently from the design drawings, and due to the occurrence of defects, such as the entries in the attached Table by list, in the common areas of the instant aggregate building and the exclusive areas of exclusive ownership, remains.

The details of the cost of repairing defects to repair each of the above defects are as shown in the following table:

The details of the cost of repairing defects shall be 152,98,937 361,480, 207 514,479, 144 section for exclusive use, 2,316, 015, 42, 235, 75, 258,250 (unit: Won)

D. Of the 561 households of the instant aggregate building, 520 households among the 561 households, only one of the two co-owners was transferred.

The sectional owners of the instant aggregate building transferred to the Plaintiff the right to notify the assignment of claims pursuant thereto, while transferring the right to claim the repair of defects and the right to claim damages in lieu of the repair of defects to the business entity of the instant aggregate building.

The Plaintiff notified the assignment of claims to the guardian S&A around that time.

E. The entire exclusive ownership area of the instant aggregate building is 76,657.29 square meters, and the exclusive ownership area of the transferred household is 71,617.815 square meters, and is compared to the total exclusive ownership area.

arrow