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(영문) 서울중앙지방법원 2020.12.09 2018가합574191

하자보수에 갈음하는 손해배상 등 청구

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1. The plaintiffs' lawsuits against defendant E are dismissed.

2. The council of occupants' representatives of the plaintiff A apartment, and the plaintiff A apartment.

Reasons

1. Facts of recognition;

A. 1) Status of the parties 1) G building in the Nam-gu Incheon Metropolitan City F (hereinafter “instant condominium building”)

A) A total of three households consisting of 926 households, and among which the apartment units are 644 households (hereinafter “instant apartment units”).

) It is an officetel with 282 households (hereinafter referred to as “instant officetel”).

The council of occupants' representatives (hereinafter referred to as "Plaintiff representative council") is the Plaintiff A apartment council.

) The council of occupants’ representatives is the council of occupants’ representatives consisting of the occupants of the instant apartment, and the Plaintiff Btel management body (hereinafter “Plaintiff management body”).

(2) Defendant C Co., Ltd (hereinafter “Defendant D”) and Defendant D Co., Ltd. (hereinafter “Defendant D”) are a joint project proprietor who newly built and sold the instant aggregate building, and Defendant E Co., Ltd (hereinafter “Defendant E”) is a new construction of the instant aggregate building under contract.

3) Defendant Housing and Urban Guarantee Corporation (hereinafter “Defendant Guarantee Corporation”)

(B) The Defendant E is a person who guaranteed the obligation to repair the defects incurred in the housing among the instant condominiums for Defendant E who constructed the instant apartment. B. Defendant C and D, upon entering into the instant supply contract with H on May 8, 2010, entered into a supply contract with respect to subparagraph I among the instant officetels, etc., and the supply contract for each unit of the instant condominiums and each unit of the instant condominiums (hereinafter collectively referred to as “instant supply contract”).

C. The conclusion of the warranty contract and approval for the use of the apartment in this case) Defendant E, on October 24, 2013, should pay the warranty bond within the scope of the period and amount as indicated in the table below to the head of Incheon Dong-dong, which is the guarantee creditor, if Defendant E and the Guarantee Corporation fail to perform the warranty liability of the housing in this case.