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(영문) 대전지방법원 2017.10.11 2014가합3720
손해배상(기)
Text

1. The Defendant’s KRW 2,473,145,260 among the Plaintiff and KRW 101,00,000 among the Plaintiff, shall be from May 15, 2014, and KRW 2,372,145.

Reasons

1. Basic facts

A. The Plaintiff is an organization consisting of representatives of each Dong in order to manage the A apartment of Sejong Special Self-Governing City (hereinafter “instant apartment”) 25 Dong 1,240 households, and the Defendant is a project proprietor who newly built and sold the instant apartment.

B. The Defendant constructed the instant apartment and obtained approval for use on June 8, 2012, and around that time delivered the instant apartment to the occupants.

C. In constructing the instant apartment, the Defendant did not construct the part to be constructed in accordance with the completion drawing, or performed defective construction or modified construction, thereby causing defects, such as rupture and water leakage, in the section for common use and section for exclusive use of the instant apartment. Accordingly, the instant apartment has caused trouble in the function and safety of the apartment.

Since the Defendant started moving into the apartment of this case, the Defendant failed to perform its duty of repairing the defects even after receiving several requests for repairing the defects from the Plaintiff, and the defect remains in the section for common use and section for exclusive use of the apartment of this case.

E. The Plaintiff, among the 1,240 households of the instant apartment, acquired the damage claim in lieu of the defect repair of the instant apartment against the Defendant from the list of co-owners of 1,015 households, see the list of co-owners of the instant apartment, and notified the Defendant of the fact of transferring the claim upon delegation of the power to notify the assignment of the claim, and the Defendant received the notification of the said assignment of claim.

F. The total area of the instant apartment 1,240 households’ exclusive ownership is 113,724.54 square meters, and among which the exclusive ownership area of the instant transferor household is 97,713.84 square meters in total, 85.92% of the total area (i.e., 97,713.84 ±13,724.54, a small number of 50 square meters).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. The plaintiff's assertion that defects occurred in the apartment of this case.

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