beta
(영문) 서울남부지방법원 2015.01.15 2013가합103972

하자보수보증금 등

Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) starting from September 17, 2013 for KRW 352,781,016 and for KRW 154,035,413 among them;

Reasons

Basic Facts

The plaintiff is an autonomous management organization that consists of occupants for the management of three apartment buildings A (hereinafter referred to as "the apartment of this case") and 484 households in 199.

Defendant B is a company that constructed and sold the instant apartment, and the Defendant’s house guarantee is a company that guaranteed the obligation to repair the defects of the instant apartment.

On September 23, 2003, Defendant B, who entered into a contract for the lease of apartment, conversion for sale in lots and repair of defects, had undergone a pre-use inspection on the apartment of this case from the rice market, and leased each apartment of this case to occupants under the former Rental Housing Act (amended by Act No. 7598 of July 13, 2005), but converted the apartment of this case into parcelling-out around September 2008.

On December 16, 2008, Defendant B entered into a contract for the warranty of defects (hereinafter “instant guarantee contract”) with the Defendant’s housing guarantee and guarantee creditor major market, 154,035,413 won of the guaranteed amount, and the guarantee period from December 26, 2008 to September 22, 2013, and issued a guarantee certificate.

On January 27, 2010, Defendant B agreed on the council of lessees’ representatives and the conversion for sale in lots comprised of occupants of the instant apartment (hereinafter “instant conversion for sale in lots”) and the contents related to the defect repair among them are as follows.

Article 4 (Defect Repairs) (1) The matters concerning the scope of defects and the period of liability for defect repair as shown in attached Tables 6 and 7 of the Enforcement Decree of the Housing Act shall be observed, and the matters concerning the defects that occur again after the performance of defect repair in attached Table 1 (referring to the requirements for defect repair which the council of lessees' representatives has already raised to the defendant) at the

Defects related to the warranty liability period which comes after the conversion for sale in lots shall be replaced by the warranty bond.

Since then, the plaintiff succeeded to the status of guarantee creditor of the contract of this case formed by the conversion of apartment in this case.

The defendant B's erroneous construction, non-construction, or non-construction.