1. As to KRW 896,814,820 among the Plaintiff’s KRW 201,00,000, the Defendant shall pay to the Plaintiff KRW 235,563,842.

Facts of recognition

The Plaintiff is an autonomous management organization that consists of occupants for the management of the 12-dong 976 households located in Kimpo-si, Kimpo-si, Kimpo-si (hereinafter referred to as the “instant apartment”), which was inspected on January 10, 2013.

The Defendant is a business proprietor who sold the instant apartment, and the Defendant’s auxiliary Intervenor B is the part of the instant apartment construction, and the Defendant’s auxiliary Intervenor C Co., Ltd. (hereinafter “ Intervenor”) is the company that constructed the instant apartment and constructed the landscaping part.

The defect occurred in the section for common use and section for exclusive use of the apartment of this case on the ground that the defendant did not construct the part to be constructed in accordance with the design drawing while constructing the apartment of this case, or constructed the apartment of this case on the ground that it did not perform the construction in accordance with the design drawing

The Plaintiff continuously requested the Defendant to perform the repair of defects prior to the filing of the instant lawsuit at the request of the occupant and the sectional owner of the instant apartment, and received KRW 742,531,979 in total for the repair of defects for one to four years calculated by the E Union, which entered into a contract for the repair of defects with the Defendant around August 14, 2017.

The Plaintiff, in lieu of defect repair, was assigned the damage claim in lieu of defect repair from the sectional owners of 910 households among the total 976 households of the apartment of this case (hereinafter referred to as the “transfer household of this case”), and notified the Defendant of the fact of transferring the claim upon delegation of the power to notify the transfer.

The household that did not transfer the claim to the Plaintiff is 66 households.

The sum of the total area of the entire apartment of this case is 7,542.52 square meters, and the sum of the total area of the entire area of the household transferring the bonds of this case is 72,308.06 square meters. Thus, the proportion of the total area of the entire area of the apartment of this case to the entire area of the entire area of the apartment of this case is 93.25% [This case].