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(영문) 인천지방법원부천지원 2019.08.14 2018가합100402
하자보수금
Text

1. Defendant B Co., Ltd.: (a) KRW 301,563,466 and KRW 79,816,536 among the Plaintiff, from February 20, 2018, and KRW 221,746.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management body organized by occupants in order to manage A A 1 Dong 62 Condominium and its ancillary facilities (hereinafter “instant building”).

B. Defendant B (hereinafter “Defendant B”) is the owner and seller of the instant building who obtained approval for use on August 8, 2014, and Defendant C Co., Ltd (hereinafter “Defendant C”) is the contractor of the instant building.

C. Of the sectional owners of 62 households in total of the instant building, the Plaintiff received respectively the damage claim in lieu of the defect repair of the said sectional owners from the sectional owners of 58 households in attached Form 1 (hereinafter “transfer household of this case”).

The plaintiff was delegated with the authority to notify the transfer from the transferor generation of this case and notified the defendants of the transfer of the claim, and the plaintiff's notification of the transfer of the claim was delivered to the defendants on each notification day below.

According to the number of vehicles that each assigned the instant assignment household, “in accordance with the number of vehicles that each assigned the instant assignment household,” the percentage of the date of notification of the area of the entire household of the first or second class household of 1419, Defendant B B, 1419, February 19, 2018, Defendant C on February 20, 2018, Defendant C, on February 20, 2018, 21.78 24835.97, 2018, the Defendants, on July 23, 2018, collectively, 586,25.2796 transfers the assignment household of the instant assignment household.

A person shall be appointed.

E. Of the instant building, the ratio of the area of the instant assignment household’s exclusive ownership to the instant assignment household is 96% (hereinafter “instant assignment ratio”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 6, and 7 (including branch numbers if there are branch numbers), the purport of the whole pleadings

2. In the instant building alleged by the Plaintiff, there are defects such as the sumulate of repair costs by the defect list of common areas in attached Table 2-1, and the defect list by the household units of exclusive ownership in attached Table 2-2, and the defect list by defect list (excluding the defect stated as the "accident exclusion" in each of the above sum sheet; hereinafter referred to as the "each of the instant defects"), and thus, the Defendant.

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