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(영문) 서울중앙지방법원 2019.05.31 2016가합556786

하자보수금등 청구의 소

Text

1. The administrator D and E of the rehabilitation company C, a lawsuit taken over by the plaintiff C, among the lawsuits of this case against D and E.

Reasons

1. Basic facts

A. Status 1 of the parties is the Plaintiff’s status 1) The F (hereinafter “instant land”) of Chungcheongnam-gun, Chungcheongnam-gun.

A apartment in A (hereinafter referred to as “instant apartment”)

(2) Defendant B is a project proprietor who constructed and sold the instant apartment, and Defendant C is a contractor who was awarded a contract from Defendant B, and constructed the instant apartment.

3) The Defendant Housing and Urban Guarantee Corporation is a person who guaranteed the obligation to repair defects after the inspection on the use of the instant apartment by C. B. Nonparty G Co., Ltd. (hereinafter “G”) entered into a land trust contract with Defendant B for sale-type land.

(2) On June 10, 201 and June 21, 2011, the Defendant B entrusted the instant land, etc. to Defendant B, and the Defendant B entrusted the instant land, etc. to the Defendant B, and the sale-type land trust contract with the purport of selling the instant apartment after constructing the instant apartment on the instant land, etc. (hereinafter “instant trust contract”).

(C) On September 19, 2014, C concluded a warranty contract with the Defendant Housing and Urban Guarantee Corporation to guarantee the obligation to repair defects after the inspection on the use of the instant apartment (hereinafter “instant warranty contract”). < Amended by Presidential Decree No. 2510, Sep. 19, 2014>

2) Major contents, such as the guarantee period and the guarantee amount, of the instant guarantee contract are as follows. The guarantee period of 1H 1 from September 26, 2014 to September 25, 2015 (1 year) shall be 131,127,062 won from September 26, 2014 to September 25, 2014 (2), 327,817,657 won from September 26, 2014 to September 25, 2016 (2 years) 327,817,657 won from September 26, 2014 to September 26, 2014 (3 years) 262,254,124 won from September 25, 2017 to September 26, 2014 (3 years), 205 to 39.6.6, 295 won from September 26, 2014