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(영문) 의정부지방법원 2017.12.08 2017나209335
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Plaintiff isNasi-si D Apartment (hereinafter “instant apartment”).

2) The Defendant is a project proprietor who constructed and sold the instant apartment, and the Defendant is a co-defendant B of the first instance trial (hereinafter “B”).

(C) The Director of the Management Office of the instant apartment and the co-defendant C of the first instance trial (hereinafter referred to as the “C”).

(2) On December 5, 2006, the apartment of this case was to undergo a pre-use inspection on the apartment of this case. The plaintiff failed to construct the part of the apartment of this case according to the design drawing, or modified the design drawing differently from the defective construction or design drawing.

3) The Plaintiff and the council of occupants’ representatives of the instant apartment, as well as the written agreement on December 16, 201 (hereinafter “instant agreement”) with the same content as that of the attached agreement.

2) According to the Housing Act, the agreement on the completion of the defect repair of the instant apartment in the year 1, 2, and 3 of the Housing Act (hereinafter “instant termination agreement”) is prepared and entered into.

(4) According to the conclusion agreement of this case, the Plaintiff requested the council of occupants’ representatives including the Defendant to cooperate several times with respect to the apartment of this case in order to repair outside shower coding, outside shower coding, and to repair the outer wall racker, and to repair and painting the outer wall racker, etc., on the same day, a notary public agreed on the execution of the entire seal after repairing the outside shower coworking and the outer wall racker, etc. on August 28, 2014. However, according to the conclusion agreement of this case, the Plaintiff sought to repair the apartment of this case by using materials, work parts, etc., which are the fifth defect of the apartment of this case, around July 4, 2014, around August 5, 2014, around August 27, 2014, around August 27, 2014, around August 28, 2014.

5 In particular, around 09:00 on August 28, 2014, Defendant B, C, etc. are the apartment of this case for the above repair at the 103 entrance and exit of the apartment of this case.

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