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(영문) 서울중앙지방법원 2020.07.22 2017가합500537

하자보수금 청구의 소

Text

1. Defendant E, excluding Plaintiff H apartment occupants' representative meeting, shall be as shown in attached Form 3.

Reasons

1. Facts of recognition;

A. The party status 1) Plaintiff H apartment occupant representative association (hereinafter “Plaintiff representative association”)

2) The apartment of the Haak-gun, Chungcheong-gun (hereinafter “the apartment of this case”) is called the apartment of this case.

) A council of occupants’ representatives consisting of 141 households, one and the rest of the plaintiffs except the Plaintiff’s representative council (hereinafter “Plaintiffs sectional owners”).

(2) Defendant E Co., Ltd. (hereinafter “Defendant E”) is an executor in charge of the new construction and sale of the instant apartment, and Defendant F Co., Ltd. (hereinafter “Defendant F”) is a joint executor of the instant apartment with Defendant E and the contractor in charge of the construction of the instant apartment.

The Defendant Housing and Urban Guarantee Corporation (hereinafter referred to as the “Defendant Housing and Urban Guarantee Corporation”) is a surety that guarantees the obligation to repair defects in the apartment of this case for Defendant E.

B. On June 11, 2015, Defendant E entered into a contract for the supply of each of the instant apartment buildings with the instant apartment buildings (hereinafter collectively referred to as “instant supply contract”), such as entering into a contract for the sale of the instant apartment buildings with I on June 11, 2015, and entering into a contract for the sale of the instant apartment buildings with J.

C. In the event that Defendant E and the Guarantee Corporation fail to perform the obligation to repair defects of the instant apartment on December 7, 2015, Defendant E and the Defendant E concluded a warranty contract and approved the use of the instant apartment on December 7, 2015, the contract under which the Defendant Guarantee Corporation shall pay the warranty bond within the period and amount as indicated in the following table to the head of Young-dong Gun, which is the guarantee creditor (hereinafter “instant warranty contract”).

The Defendant Guarantee Corporation entered into a contract, and accordingly, issued a warranty bond. The Defendant Guarantee Corporation issued the warranty bond, and the warranty bond (the warranty bond) 1 K inspection date ( December 9, 2015) of the instant apartment as of the date of the instant usage inspection (the date of the inspection is deemed to be subsequent to the date of the inspection); or