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1. Defendant C and D Co., Ltd. are jointly and severally liable to the Plaintiffs for KRW 103,927,100 and the aforementioned amount on May 10, 2019.
Reasons
1. Facts of recognition;
A. 1) The Plaintiffs are Hdong I, J, K, L, L, M, N,O, P of the Gwangju Mine-gu (hereinafter “instant commercial building”).
2) Defendant C, D Co., Ltd. (hereinafter “Defendant C”) is the executor of the new construction and sale business of the instant commercial building, and Defendant E, F Co., Ltd. (hereinafter “Defendant E”) and Defendant F Co., Ltd. (hereinafter “Defendant F”) are the starting work for which the said Defendants contracted for the new construction work of the instant commercial building.
B. On January 10, 2017, Plaintiff A entered into a sales contract for the instant commercial building with Defendant C and D, and thereafter, Plaintiff B donated KRW 7/10 of the instant commercial building to Plaintiff B. 2) The front part of the sales contract for the instant commercial building is “C and D Co., Ltd.” and Article 7(1) of the sales contract for the instant commercial building is “A” and “A shall repair the instant commercial building only for the defects arising during the defect repair liability period under Article 11 of the Multi-Family Housing Management Rules.”
3) On December 29, 2016, Q&A entered into a trust agreement with Defendant C and D with respect to the instant commercial building. On March 7, 2017, Q&A completed the registration of ownership transfer on the portion of 3/10 of the instant commercial building, and completed the registration of ownership transfer to Plaintiff A with respect to the portion of 7/10 of the instant commercial building. (C) Defendant E and F, due to defective construction of the instant commercial building, caused defects, such as water pollution inside the elevator.
2) From September 5, 2017, the Plaintiffs requested the Defendants to repair defects, and Defendant E and F also repair some defects. However, in the instant commercial building, there exist defects, such as the inside of the elevator, I heading and male and female heading rooms, and leakage of water in the excellent underground pumps. [The fact that there is no dispute over the grounds for recognition, and Nos. 1 through 1].