logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2016.12.15 2015가합20121
하자보수금 등 청구의 소
Text

1. The Defendant’s KRW 181,937,186 as well as the Plaintiff’s annual rate from October 15, 2016 to December 15, 2016, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a management body established with sectional owners in order to manage 8 Dongs, which are factory buildings located in Ansan-si, Masan-si, Masan-si, Masan-si (hereinafter “instant building”). The Defendant is a company that constructed the instant building and sold it after obtaining approval for use on May 17, 201.

B. In performing the new construction of the building of this case, the Defendant did not perform the construction according to the design drawings, or performed the construction in a defective manner or differently from the design drawings, thereby causing a defect to the section for common use and section for exclusive use of the building of this case. Accordingly, the construction of the building of this case caused an obstacle to the function, aesthetic view, or safety of the building

Accordingly, upon the request of the sectional owners of the instant building, the Plaintiff continuously requested the Defendant to repair the defects arising from the instant building, and the Defendant partially repaired the defects from December 201 to October 2014.

However, there still remain still defects in the section for common use and section for exclusive use of the building in this case.

C. Of the instant building, 46 sectional owners of 58 sections among the 58 sections of the instant building transfer each of them to the Plaintiff on November 2014, including the right to claim for defect repairs and the right to claim damages in lieu of defect repairs, etc., and notify the Defendant of each of the above assignment of claims around that time.

The sum of the whole area of the 58 partitioned buildings that transferred the damage claim to the Plaintiff is 74.47% (=17,741.23/23,821.36 x 10%, hereinafter the same shall apply) of the ratio occupied by the sum of 23,821.36m2 in the total area of the whole whole area of the building of this case as shown in the attached Table attached Table 17,741.23/23,821.36m2).

[Ground of recognition] Facts that there is no dispute or dispute, each entry of Gap evidence 1 to 52 (including the number of each branches), each film of Gap evidence 55 to 61, and the result of the appraiser Gap's appraisal and supplementary appraisal.

arrow