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1. As to KRW 273,979,582 and KRW 101,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 273,979,582 from November 25, 2014, and KRW 172,979,582.
Reasons
1. The following facts are either in dispute between the parties, or acknowledged based on Gap evidence 1, Gap evidence 2-1, Gap evidence 6-1 through 9, and Gap evidence 7 based on the whole purport of the pleadings:
A. The Plaintiff is an autonomous management organization consisting of occupants of “A apartment” located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant apartment”).
The defendant is the project undertaker of the apartment sale in this case.
B. As to a total of 204 households (a total of 17,287.74 square meters in total) of the apartment units in this case, the Plaintiff acquired a claim for damages in lieu of the defect repair against the Defendant from the sectional owners in the same name column as the sectional owners (including co-owners; hereinafter the same shall apply), and notified the Defendant thereof.
C. The inspection date of the instant apartment is March 11, 2009.
2. The plaintiff's assertion that there are defects such as non-construction, erroneous construction, and defective construction on the apartment of this case, and the plaintiff acquired the claim for damages in lieu of defect repair from the sectional owner of the transferor household.
Therefore, the defendant shall pay to the plaintiff 581,487,016 won [486,476,869 won of damages in lieu of defect repair in relation to the section for common use [486,476,86,869 won [516,923,673 won of the section for common use in the city of partial Do Do x 16,271,16/17,287.74] as damages in lieu of defect repair in relation to the section for common use of the transferring household.
3. Determination
A. The scope of one defect in the determination of the cause of the claim, and the amount of damages in lieu of the defect repair, as evidence Nos. 4-1 to 3, evidence No. 5, and the appraisal result of the appraiser C's defect appraisal, respectively, and as to the appraiser C of this court.