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1. The Defendant’s KRW 463,384,894 as well as 5% per annum from May 4, 2013 to November 27, 2013 to the Plaintiff.
Reasons
1. Basic facts
A. 1) The Korea National Housing Corporation (hereinafter “Defendant”) was merged with the Korea Land Corporation on October 1, 2009 and became the “Defendant”.
In the lower court, “Defendant” is not classified before and after the merger.
2) The apartment house of this case is composed of the 318-dong 318-dong, Sinsan-si, Sinsan-dong, 9 Dong-dong, Sinsan-dong.
A business entity that newly built and sold the instant apartment on February 24, 2006. The Defendant leased each of the instant apartment units as a public rental apartment pursuant to the Rental Housing Act after obtaining approval for the use of the instant apartment on February 24, 2006, but converted for sale in lots on October 201. 2) The Plaintiff is an autonomous management organization consisting of occupants representatives of the said six buildings for the management of the instant apartment units.
B. Although the Defendant, when constructing the instant apartment, failed to construct a part that should be built in accordance with the design drawing in the construction of the instant apartment, or has repaired several defects after the approval for use was granted by changing the construction differently from the defective construction or design drawing, there remain defects such as the details of the defects and the amount of repair up to now.
C. (1) Of the 318 households of the instant apartment, the sectional owners of 316 households among the 318 units of the instant apartment, transfer their respective damage claims in lieu of the defect repair that the Defendant had against the Plaintiff on February 28, 2013, around April 30, 2013, and around July 2013, and delegated the Plaintiff with the authority to notify the assignment of claims. The Plaintiff was notified of the said assignment of claims around February 28, 2013, around April 30, 2013, around July 30, 2013, and around July 2013, the notification of the said assignment of claims was issued to the Defendant. (2) The ratio of some of the above households that transferred the damage claims in lieu of the defect repair to the Plaintiff is 99.35% (26,000 square meters in total, 241.07 square meters in total among the entire entire remaining areas of the instant apartment 318 units.
[Ground of Recognition] Facts without dispute, entry of Gap Nos. 1 to 5 (including each number), respectively.