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(영문) 의정부지방법원고양지원 2020.06.05 2017가합72488
하자보수에 갈음하는 손해배상 청구
Text

1. The Defendant’s KRW 1,860,909,220 for the Plaintiff and KRW 5% per annum from June 22, 2017 to June 5, 2020 for the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff is an autonomous management body that consists of occupants to manage A Apartment-dong 18 Dong-dong 1193 households located in Gyeyang-gu Seoul Metropolitan Government F (hereinafter “instant apartment”).

(2) The defendant is a person who constructed and sold the apartment of this case.

B. The apartment of this case, upon obtaining approval for use on June 2, 2014, was occupied from that time. The Defendant, when constructing the apartment of this case, did not construct the part to be constructed in accordance with the design drawing or constructed the apartment of this case in a defective way differently from the drawing or in a defective way to construct the apartment of this case, defects such as rupture, water leakage, etc. were generated in the section for exclusive use and common use

Accordingly, the Plaintiff requested the Defendant to repair defects from the time of occupancy, and the repair work was conducted for some defects, but the section for exclusive use and section for common use of the apartment in this case still remains the same defect as the sum table of the appraised Amount of Attached 1 and the sum table of the appraised Amount of Attached 2 Section for Common Use (hereinafter “the defect in this case”).

C. The Plaintiff, among the 1,193 households of the instant apartment, acquired the damage claim in lieu of the defect repair in the instant apartment from the sectional owners of the 1,136 households (hereinafter “transfer household of the instant apartment”), and notified the Defendant of the delegation of the power to notify the assignment of the claim and issued the notification at that time.

The area of the instant transfer household’s exclusive ownership is 92,919.55 square meters, and is 95.17 percent of the total area of the instant apartment, 97,625.62 square meters (=92,919,55 square meters/97,625.62 square meters, and four decimal places).

[Ground of Recognition] A without dispute, each entry (including a serial number, if there is no indication of a serial number) in Gap evidence 1 through 8, and the result of appraiser G’s appraisal.

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