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1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.
Reasons
1. Basic facts
A. The status of the parties is that the Plaintiff is an autonomous management body organized by the occupants in order to manage the 8-dong 468 households and ancillary facilities, which are located on the ground of the 201-201-Saong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Cheongju to manage the 2-dong apartment complex and the 468-dong apartment complex (hereinafter “the apartment of this case”). The Defendant is
B. The Defendant built the instant apartment and built the apartment, obtained approval for use on July 13, 2009, and transferred the instant apartment to the occupants around that time.
C. The occurrence of defects and the amount of damages 1) The Defendant did not construct the part to be constructed in accordance with the design document in the new construction of the apartment in this case, or performed defective construction or alteration construction, and there was a defect such as rupture and water leakage in the section for common use and the section for exclusive use of the apartment in this case. 2) The Plaintiff demanded several repairs on or around August 12, 2010 at the request of the sectional owners or occupants, such as demanding the Defendant to repair defects, and accordingly, the Defendant did not perform the partial repair construction of the apartment in this case. However, there still remains any defects such as the attached Table 3, and the repair cost is each required to repair the apartment in this case.
1) The Plaintiff transferred the entire right to claim damages due to defects, such as the right to claim damages due to nonperformance of obligations under the sales contract or tort against the business entity or implementer of the apartment of this case, the right to claim damages due to defects, and the right to claim damages in lieu of defect repairs (hereinafter “transfer of claims of this case”).
Upon delegation of the power of notification of transfer, the defendant was notified of the transfer.
The total area of the transfer household of this case shall be 38,179.605 square meters in total.