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(영문) 전주지방법원군산지원 2020.11.19 2019가합50842
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff’s position as the parties 1) The 192 unit apartment complex in Kim Jong-si, the 14 unit, and the 192 unit use approval (the date of approval for use: December 9, 2013; hereinafter “instant apartment”).

2) In order to manage the apartment in this case, D Co., Ltd. (hereinafter “D”) is a company that constructed and sold the apartment in this case. The Defendant is a newly built company of the apartment in this case. The Housing and Urban Guarantee Corporation guaranteed the Defendant’s performance of the obligation to repair the defects in the apartment in this case.

B. 1) The Plaintiff is a 164 household among the 192 apartment units of this case (hereinafter “transfer household of this case”).

(B) On May 14, 2015, the Jeonju District Court 2015Kadan15711 (However, the Plaintiff extended its claim on November 8, 2016, and transferred to Jeonju District Court 2016Kahap42411, following the Plaintiff’s extension of the claim.

) As regards D, a claim for damages in lieu of defect repair, and for the Housing and Urban Guarantee Corporation, a lawsuit was filed against the defendant to claim the warranty bond (the plaintiff filed a lawsuit against the defendant in the above lawsuit, but the lawsuit against the defendant was withdrawn on August 23, 2017.

2) According to the appraisal result, the above court found that the defendant's failure to perform the new construction works of the apartment of this case, defects such as rupture, water leakage, and water quality in the section for common use and section for exclusive use of the apartment of this case caused harm to the function, aesthetic view, and safety, and found the defect repair cost as shown below in relation to the defects remaining in the apartment of this case.

(unit: won. [General List of Repair Expenses] A year 2th anniversary of the pre-use inspection.

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