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(영문) 서울중앙지방법원 2013.12.19 2012가합100000
하자보수비
Text

1. The Defendant’s “Plaintiff” stated in the attached Table “Plaintiff” column refers to the Plaintiff’s defect repair cost indicated in the same Table.

Reasons

1. Basic facts were contracted by the Defendant, an executor company, for a new construction work on the 19 household unit in Gangnam-gu Seoul, Gangnam-gu and five lots (hereinafter referred to as the “instant apartment”) from the Yongsan Development Co., Ltd. (hereinafter referred to as the “Ocheon Development”), for the following construction work.

The plaintiffs share the corresponding number of the apartment of this case as shown in the attached Table.

(The sum of the exclusive part of the instant apartment 19 households is 4,574.51 square meters). The approval for the use of the instant apartment was made on March 22, 2005.

At present, the public part of the apartment of this case has the same defects as indicated below due to the defendant's defective construction (hereinafter referred to as "the defect of this case") and the defect repair cost, such as the mentioned in the same Table, is required to repair it.

The defect repair cost of the No. 1 outer wall is the defect repair cost by the method of reconstruction after the removal of the existing outer wall of KRW 1,055,351,286 after the removal of the defect.

In light of the construction state of the outer wall of the apartment of this case, the partial repair through surface bricks and sprinkings is considered not to be a proper repair method (the result of appraisal). 2 roof, outer wall and interior wall stairs such as ruptures, 4,751,417 won in total, 1,060,102,703 won (based on recognition) does not dispute, Gap-1, 3, and 7, Eul-1, and Eul-2, and the whole purport of pleadings.

2. Determination

A. The plaintiffs' assertion 1) The defendant is the defendant of the old Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 6925 of July 18, 2003), and the following is the old Act on the Ownership and Management of Aggregate Buildings.

(1) Article 9(1) of the former Act provides that “A person who constructs and sells a building in lots.” Therefore, the Defendant is liable to compensate the Plaintiffs for damages in lieu of the defect repair in the instant case. 2) The Defendant, which is merely a new construction work of the instant apartment, falls under “a person who constructs and sells a building” under Article 9(1) of the former Act.

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