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1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuit, 217,596,887 won against Defendant B.
Reasons
1. The reasoning for this part of this Court’s reasoning is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and this part is cited by the main text of Article 420 of the Civil Procedure Act.
2. Determination as to the main defense of Defendant B and C
A. The Defendants’ assertion 1) The right to claim repair of defects is a property right belonging to the general meeting of the members of the council of occupants’ representatives, and may be disposed of by the resolution of the general meeting. The Plaintiff, with the consent of a majority of the members of the council of occupants’ representatives, made an agreement with Defendant C to waive the right to claim compensation for damages in lieu of the defect repair in the first and the third years, and the Plaintiff’s claim against this agreement is unlawful as there is no benefit in the protection of rights. 2) Even if the agreement on the partial lawsuit does not have effect on the assignment of claims to the entire assignment of claims of this case, the households that agreed to the said agreement on the completion of defects shall be deemed to have delegated the Plaintiff with the right to claim compensation for damages in lieu of their defect repair. As such, the agreement
B. The right to a warranty of defects under Article 9 of the Act on the Ownership and Management of Aggregate Buildings belongs to a sectional owner of an aggregate building, barring special circumstances, and the council of occupants' representatives can only file a claim for repair of defects with the business entity and cannot be deemed to have the right to a warranty of defects.
Therefore, it can be said that the council of occupants' representatives has waived the right to claim compensation for damages against the company, but the council of occupants' representatives has the right to claim compensation for damages in lieu of the defect repair from the sectional owners.