하자보수에 갈음하는 손해배상 등 청구
1. The Plaintiff:
A. Defendant B and C jointly share KRW 798,525,248 and their 772,211,221 among them.
1. Facts of recognition;
A. Status 1 of the parties concerned ) The plaintiff is a A apartment in the Busan Suwon-gu H (hereinafter referred to as the "the apartment of this case").
(2) Defendant E (formerly amended: I) is a project proprietor who sold the instant apartment, and Defendant B C and D is a truster who entered into a management-type land trust contract (hereinafter “instant trust contract”) with Defendant E in relation to the new construction and sale of the instant apartment (However, as seen below, Defendant D transferred the truster’s profit share after the instant trust contract to Defendant C), Defendant F, and G are the contractors who entered into a contract with Defendant B, C, and D and newly built the instant apartment.
3) The Defendant Housing and Urban Guarantee Corporation guaranteed the obligation to repair defects after the inspection on the use of the instant apartment by Defendant F and G. B. On May 2014, E entered into a sales contract for each of the instant apartment units with the buyer and buyer around May 2014. After the construction of the instant apartment units, the instant apartment units was newly built and inspected for the use of the relevant apartment units on September 29, 2016.
2) Meanwhile, on September 2, 2016, between Defendant F and G, the Defendant Housing and Urban Guarantee Corporation (hereinafter referred to as the “instant guarantee agreement”) provides that the head of Suwon-gu as described in the following (annual statement of defect repair contract”) shall be a guarantee creditor. Of the instant apartment, the former Multi-Family Housing Management Act (amended by Act No. 14545, Jan. 7, 2017) and the former Enforcement Decree of the Multi-Family Housing Management Act (amended by Presidential Decree No. 27555, Oct. 25, 2016), the Defendant F and G received a claim for the performance of repair but fails to comply with it without justifiable grounds, the Defendant F and G are liable to guarantee the Defendant Housing and Urban Guarantee Corporation (hereinafter referred to as the “instant guarantee agreement”).
AB concluded the agreement.
3.