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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is an autonomous management body organized by its occupants to manage five A apartment units located in Nam-gu B (hereinafter "the apartment units of this case"), and the defendant was a project proprietor who newly constructed and sold the apartment units of this case on December 31, 2004 after obtaining approval for the new apartment construction project of this case, and obtained approval for the use of the apartment units of this case on October 30, 2007.
B. On July 201, the Plaintiff filed a lawsuit claiming damages in lieu of the defect repair under the instant court No. 201Gahap1434 (hereinafter “previous lawsuit”) against the Defendant, the executor of the instant apartment building, and the Nonparty Construction Mutual Aid Association, the contractor, and Nonparty Construction Mutual Aid Association, the contractor, in lieu of the defect repair under the 201Gahap1434 (hereinafter “previous lawsuit”).
C. An appraisal was conducted to determine the existence of defects and the amount of compensation for damages in the previous litigation. The results of the appraisal include the following: “In the case of “the condition of rupture, rupture, and rupture on each apartment-mixed crowdfunding 9 to 13th floor of the apartment-mixed outer wall,” “each apartment-mixed outer wall is in the condition of rupture, rupture, and rupture due to defective construction in the construction,” and “in the case of each building, 3, 4 and protruding part of each building and protruding part”, the state of rupture, eupture, and eupture of each building installed on the 3,4th floor of each of the outer wall and the 3,4th floor of each of the above parts are included in the remuneration costs for each of the above parts.”
This Court concluded the argument on June 20, 2013 in the previous lawsuit and rendered a judgment on July 11, 2013, and cited the results of the appraisal conducted in the previous lawsuit.
After recognizing the defects of the apartment of this case, including the defect in the part of subsection (1), the Defendant: (a) from August 9, 2011 to June 12, 201 to KRW 827,538,818; and (b) from August 9, 201 to KRW 111,523,654 to the Plaintiff.