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(영문) 서울고등법원 2015.06.03 2014나5472
손해배상 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The status of the parties is the autonomous management body that consists of the occupants to manage the A Apartment Complex A (hereinafter “instant apartment”) 16 Dong 947 Dong-dong, Eunpyeong-gu, Seoul (hereinafter “instant apartment”), and the defendant is the project undertaker who constructed and sold the instant apartment and the supplementary intervenor is the construction work of the instant apartment.

B. 1) The apartment building of this case was built by the buyer and lessee after obtaining approval for use on January 12, 2009, and thereafter, the apartment building of this case was occupied by the buyer and lessee. In constructing the apartment building of this case, the defendant constructed the apartment building of this case differently from the design drawing, or did not perform the non-construction or defective construction. As a result, there were various defects such as building outer walls and internal ruptures, water leakages, water leakages, and water qualitys in the section for common use of the apartment of this case and section for exclusive use of the apartment of this case. 2) Accordingly, the plaintiff requested the defendant to repair defects several times at the request of the tenant or the sectional owner, and the defendant and subcontractor performed the repair work for some defects, but as of June 28, 2012, it still did not perform the defect appraisal as to the section for common use and section for exclusive use of the apartment of this case (However, the section for exclusive use of the public rental household of this case was not conducted).

1. Totalization table by defect list of the section for common use and attached Table;

2. Each of the defects, such as entries in the summary sheet by the defect list of sections for exclusive use (hereinafter “each of the defects in this case”) remains unrepaired.

C. (1) The Plaintiff: (a) from the end of July 2012 to the end of August 2013 after the filing of the instant lawsuit, to the end of August 2013, 531 households among the sectional owners of the general apartment sales household of the instant apartment units (attached Form) 606 households among the 606 households.

3. Each household entered in the item column of the table of repair costs by electric power generation and the same subparagraph (hereinafter referred to as “mortgage transfer household”).

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