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(영문) 수원지방법원성남지원 2015.03.20 2013가합8430
손해배상(기) 등
Text

1. As to the Plaintiff KRW 498,923,215 and KRW 101,00,00 among them, the Defendant shall start from August 29, 2013, and the remainder of KRW 397,923.

Reasons

1. Basic facts

A. Status 1) The Plaintiff is the Plaintiff’s ground Am apartment (hereinafter “instant apartment”).

(2) The Defendant (the Korea National Housing Corporation and the Korea Land Corporation were merged on October 1, 2009 and became the Defendant) (hereinafter “Defendant”) is a project proprietor who newly constructed and sold the instant apartment without distinguishing before and after the merger, for the management of 488 households.

B. 1) The apartment of this case, which had undergone a pre-use inspection on November 6, 2006, was occupied by the buyer and lessee. Since the construction of the apartment of this case, the construction of the apartment of this case did not execute the part to be constructed in accordance with the design drawing, or was modified differently from the design drawing, and there was a defect that may hinder the function, aesthetic or safety in the section for common use and section for exclusive use of the apartment of this case. 2) The plaintiff demanded the defendant to repair the defects of the apartment of this case several times from the occupancy of the resident, and even though the defendant or the subcontractor performed the defect repair construction of the apartment of this case, there was a defect such as the attached Tables 1 and 2 in the section for common use and section for exclusive use of the apartment of this case until now.

C. 1) Of the instant apartment 48 households, the sectional owners of 467 households transferred the damage claim in lieu of the defect repair of the instant apartment against the Defendant to the Plaintiff, and delegated the Plaintiff with the right to notify the assignment of the claim. The Plaintiff notified the Defendant of the assignment of the claim. 2) The entire area of the exclusive ownership of the instant apartment 488 households is 41,386.18mm2, and among which the damages claim was transferred to the Plaintiff, the total area of the exclusive ownership of the said 467 households that were transferred to the Plaintiff.

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