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(영문) 창원지방법원 2016.06.30 2015가합35430
구상금
Text

1. The Defendant’s KRW 136,424,204 as well as 5% per annum from May 16, 2015 to June 30, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The related Korea National Housing Corporation (the plaintiff was dissolved as of October 1, 2009, and the plaintiff established on the same day comprehensively succeeded to its rights and obligations; hereinafter referred to as the "the plaintiff") newly constructed an apartment complex 15 Dong-dong 1,248 households on the ground of Yangsan-si 694-1, Yangsan-si (hereinafter referred to as the "the apartment complex of this case") and the defendant is one of the construction works contracted by the plaintiff for the new apartment of this case.

B. On May 17, 200, after the completion of the instant apartment, the Plaintiff underwent a pre-use inspection from the upper south-do on May 17, 200. On May 25, 2000, the Plaintiff leased the instant apartment as a rental house on May 25, 200 on the starting date of moving into the apartment, but made a conversion for sale in lots on August 11, 2005. 2) The council of occupants’ representatives of the instant apartment (hereinafter referred to as the “council of occupants’ representatives”) filed a lawsuit against the Plaintiff as Busan District Court claiming damages against the Plaintiff on the ground that the Plaintiff failed to construct the instant apartment in accordance with the design drawings or caused many defects, such as equal heat and water leakage, etc., in the common areas and exclusive areas of the instant apartment due to defective construction or alteration of the construction differently from the design drawings.

(3) On June 1, 2011, the said court is a project proprietor who sold the instant apartment on June 1, 201, and is an Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”).

Article 9(1) of this Act and Articles 667 through 671 of the Civil Act shall apply to the apartment of this case.

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