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(영문) 광주지방법원 2020.09.17 2018가합52971
하자보수에 갈음하는 손해배상 청구의 소
Text

1. As to KRW 2,278,831,605 among the Plaintiff and KRW 2,086,50,000 among the Plaintiff, the Defendant shall start from July 31, 2018, and from July 1, 192,31.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous management organization that consists of occupants for the management of A apartment located in the Nam-gu Seoul Metropolitan City (hereinafter “instant apartment”) 11 Dong 838 households.

The defendant is a corporation that comprehensively succeeds to the Korea National Housing Corporation, the executor of the new apartment construction project in this case, and the defendant's assistant intervenor is the construction works of the apartment in this case

B. The Defendant obtained approval for the use of the instant apartment on October 19, 201, and transferred 808 households among the 838 households of the instant apartment to the lessee by leasing it as a public rental apartment, but converted the ownership of the instant apartment from December 2016. On October 2010, the Defendant concluded a sales contract with 13 households from among 30 households excluded from public rental.

(hereinafter referred to as “sale conversion household” means 808 households converted for sale from December 2, 2016, and 13 households sold in general around October 2010 (hereinafter referred to as “general parcelling-out household”).

The relevant Acts and subordinate statutes, the Enforcement Decree, etc. related to this case shall be as shown in attached Table 1.

[Attachment 1] The former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 7502, May 26, 2005) is stipulated as the former Act on the Ownership and Management of Aggregate Buildings, and the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 1155, Dec. 18, 2012; June 19, 2013) is stipulated as the amended Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 11555, Dec. 18, 2012).

In the event of the occurrence of the defect, multiple defects, such as rupture and water leakage, have occurred in the section for common use and section for exclusive use of the apartment of this case, by constructing the apartment of this case, not constructing the part to be constructed in accordance with the design drawing, constructing the defective construction, or altering the construction differently from the

Accordingly, the Plaintiff started to request the repair of defects against the Defendant and the Intervenor joining the Defendant since the date of approval for the use of the apartment of this case. Accordingly, the Defendant and the Intervenor joining the Defendant were partly defective.

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