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(영문) 부산지방법원 2020.12.23 2017가합45632
손해배상(기)등
Text

The Defendant’s KRW 1,700,201,303 among the Plaintiff and KRW 1,00,000 among the Plaintiff, shall be KRW 667,84,112 from June 8, 2017.

Reasons

1. Facts of recognition;

A. Status 1) The Plaintiff is an apartment building A in Busan Nam-gu (hereinafter “instant apartment building”).

(2) In order to manage 773 households, the Defendant is an autonomous management body that is composed of occupants. (2) The Defendant newly constructed and sold the instant apartment, and the Intervenor joining the Defendant is the company that jointly constructed the instant apartment.

B. The instant apartment that was approved for the use of the instant apartment was approved by the competent authority on June 5, 2013, and the sectional owners of the instant apartment began to move into the instant apartment since that time.

C. The Defendant and the Defendant’s Intervenor did not perform the construction works of the instant apartment, or changed the construction differently from the design drawing, and the Plaintiff requested repair of the instant apartment from the occupancy of the instant apartment, on several occasions, to the Defendant and the Defendant’s Intervenor. (2) While the Defendant and the Defendant’s Intervenor had executed repair works for some defects, the Defendant’s joint-use area and the exclusive-use area of the instant apartment as of May 30, 2017, when the instant lawsuit was filed, there remains any defect identical to each of the separate-use area 1, including rupture, water leakage, etc., and the general-use area of the exclusive-use area 2, as of May 30, 2017, as of the time of filing the instant lawsuit (hereinafter “instant defect”).

3) The repair cost of the instant defect is the result that reflects all the items as indicated in the comprehensive table of the defect repair cost under the following (see, e.g., Supreme Court en banc Decision 2009Da1548, Apr. 2, 2009).

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