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(영문) 서울중앙지방법원 2019.01.09 2015가합563121

손해배상(건)

Text

1. The plaintiff's council of occupants' representatives shall dismiss the lawsuit against the defendant F corporation of the plaintiff's council of occupants;

2. Defendant D Co., Ltd. is the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is 1) The plaintiff A's council of occupants' representatives (hereinafter "the plaintiff's council of occupants' representatives").

2) The apartment complex A (hereinafter referred to as “instant apartment”) in Chuncheon City.

(2) Defendant E is a business entity that newly built and sold the instant apartment, and Defendant D is a company that acquired the status of a seller upon termination of a trust contract or concluded a sales contract directly after the termination of the said trust contract.

3) Defendant F Co., Ltd. is a construction contractor that entered into a contract with Defendant E and constructed the instant apartment complex (hereinafter the Defendants’ labeling is omitted).

(4) Defendant GV association (hereinafter “Defendant association”) is a guarantee company that entered into each of the warranty contracts on the instant apartment with Defendant F who constructed the instant apartment.

5) The plaintiff (Appointeds) and the designated parties are sectional owners who concluded a sales contract for the apartment of this case (hereinafter the plaintiff's council of occupants' representatives and the designated parties).

(B) B. (1) On May 29, 2013, Defendant F entered into a contract for the warranty of defects that guarantees Defendant F’s obligation for the repair of defects in the instant apartment as indicated in the following table with the Defendant Union (hereinafter “instant warranty contract”).

The warranty period of 1: (a) from May 24, 2013 to May 23, 2014; (b) from May 23, 2014 to May 23, 2014; (c) from May 24, 2013 to May 23, 2015; (d) from May 24, 2015 to May 23, 2015; (e) from May 24, 2013 to May 23, 2016; and (e) from May 347, 609, 6524 to May 24, 2013 to May 260, 207; and (e) from May 23, 2017 to May 24, 2017 to May 23, 2018 to May 26, 7, 2017; and (e) Defendant 23, May 24, 20137.