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(영문) 서울고등법원 2015.08.25 2014나52089
손해배상(기) 등
Text

1. The following amount among the parts against Defendant Construction Co., Ltd. in the judgment of the court of first instance.

Reasons

1. Basic facts

A. Defendant A Housing Redevelopment and Improvement Project Association (hereinafter “Defendant A”) is a project proprietor who newly built and sold Dongdaemun-gu Seoul Metropolitan Government B apartment (hereinafter “instant apartment”) and Defendant A Construction and Construction Co., Ltd. (hereinafter “Defendant A Construction”) is a company that received a contract for the construction of the instant apartment from the Defendant Cooperative.

B. The construction of the Defendant completed the construction of the instant apartment around December 201 in accordance with the said contract for the new construction of the apartment (hereinafter “instant contract”) entered into with the Defendant Union, and the Defendant Union received permission for the use prior to the completion from the head of Dongdaemun-gu on December 23, 2011.

C. On October 25, 2013, the Defendant Union obtained authorization for the completion of construction from the head of Dongdaemun-gu, and around April 10, 2014, the Defendant Union completed the registration of the preservation of ownership for its members, and thereafter completed the registration of the transfer of ownership to the general buyers.

The Plaintiffs, from the Defendant Association, received the general sale of each unit of the apartment of this case (hereinafter “each unit sale contract of this case”) as indicated in the “Dong” and “Noh” column among the apartment of this case (attached Form 2), and paid all the sales price to the Defendant Association by the time of each occupancy.

(Plaintiffs 12 through 15, 18, 19, 24, 25, 29, 30, 33, 34, 44, 45, 47, 48, 52, 53, 64, 65, 76, and 77 were jointly purchased.

Due to the non-construction, the alteration construction, and the defective construction of the defendant's completion construction, there were defects such as rupture in the apartment of this case.

Although the construction of completion was partially repaired upon the tenant's demand for repair, there still exist defects in the section for exclusive use and section for common use of the apartment of this case at the time of the appraisal of defects by the appraiser C of the first instance trial, and in order to repair the defects, detailed defects and repair cost of the same amount as the following (general table of defect repair cost at the time of the appraisal by the first instance trial) are required.

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