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1. The Defendant’s KRW 329,918,029 and KRW 256,069,394 among the Plaintiff’s KRW 329,918,029 and KRW 73,848,635 among the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an autonomous management body that consists of occupants for the management of 102 households, 9 Dong-dong 102, Dong-dong 10, Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter “instant apartment”).
The defendant is the project undertaker who sold the apartment of this case.
B. 1) The Defendant newly constructed the instant apartment and undergone a pre-use inspection on October 5, 2010, and constructed the instant apartment in a defective manner or in a modified way different from the design drawing. As to the instant apartment, there were various defects, such as rupture, water leakage, etc. in the section for common use and section for exclusive use. Accordingly, the instant apartment became an obstacle to the function, aesthetic, and safety in the instant apartment. 2) The Plaintiff continuously requested the Defendant to repair the defects, and the Defendant partially repaired the defects.
However, in the apartment of this case, there still remains any defects such as the table of the defect repair expenses for common areas and the table of the defect repair expenses for exclusive use areas in attached Form 2, and in order to repair the apartment of this case, the cost of defect repair in the amount (unit: source) as shown in the following table is required.
After sectional pre-use inspection, the 15th 15th 2 year old 3 years old 44th 15th 15 year old 4th 5th 10 year old 4th 15th 15,377,57,526th 45th 205th 10 year old 25th 105th 25th 10 year old 25th 225,7341,87,836,8365th 45th 465th 205th 186th 165th 1699,209 common areas 201,9266,6208,475th 205th 36,75th 75th 36,75th 25th 30,75th 26,376,370,370,99,32364,757372747
C. The Plaintiff’s transfer of damage claim 1) The Plaintiff’s sectional owners of 92 households among the 102 households of the instant apartment complex (hereinafter “transfer household of this case”).
The damage claim in lieu of defect repair has been respectively taken over, and this case.