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(영문) 서울고등법원 2017.01.13 2015나2075238
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the Seo-gu, Seo-gu, Gwangju (hereinafter “instant apartment”).

(2) In order to manage the 1,096 households of 25 units, the Defendant Grand Forest Industry is an autonomous management organization organized by the occupants. (2) The Defendant Grand Forest Industry is a contractor and a contractor of the instant apartment, and the instant apartment is 2010.

1. 19. Completion of the inspection of use;

The warranty period between January 19, 201 and January 18, 2011, 732,816,050 from January 19, 201 to January 18, 2012, to January 18, 2012, 1,832,040,126 3 from January 19, 201 to January 18, 2010 to January 18, 2013, 1,465,632,104, and Defendant 1 and the head of the Gu of Gwangju Metropolitan City as the warranty liability guarantee period between January 19, 201 and January 18, 2014 (this case’s apartment contract between 1,09,224,0765 and Defendant 1, 206, 2016-6, 196, 206, 207, 2016.

(B) After concluding a warranty and being issued a warranty, the guaranty creditor of the instant warranty contract, composed of the Plaintiff, was changed to the Plaintiff from the head of Seo-gu, Gwangju Metropolitan City to the Plaintiff. (B) The Defendant Daelim Industry, while performing a new construction of the instant apartment, did not perform a part of construction according to the design drawing, did not perform a defective construction, or performed a defective construction, or changed differently from the design drawing, thereby causing a defect to the section for common use and section for exclusive use of the instant apartment. Accordingly, the instant apartment was likely to cause an obstacle to the function, aesthetic, and safety in the instant apartment.

2) As a result, the Plaintiff requested for the repair of the apartment in this case from the date of conversion for sale in lots. However, there still remain defects in the section for common use and section for exclusive use of the apartment in this case. C. Meanwhile, among the total 1,096 households of the apartment in this case, the number of 113 Dong and 1103 Dong and 39.5 households indicated in the column for 1,096.

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