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(영문) 서울중앙지방법원 2016.08.17 2014가합561692

하자보수금 등

Text

1. As to the Plaintiff’s KRW 383,226,965 and KRW 78,134,684 among them, Defendant C Co., Ltd. shall start from August 30, 2014 and start on August 128.

Reasons

1. Basic facts

A. 1) The Plaintiff is an apartment building A, an aggregate building D in Dongducheon-si, Dongducheon-si (hereinafter “instant apartment building”).

(2) On October 26, 2004, Defendant B Co., Ltd. (hereinafter “Defendant B”) constructed the instant apartment as an implementer for the management of 938 households. On October 26, 2004, after obtaining approval for the use of the instant apartment, leased it to occupants, but made conversion for sale in lots to 183 households among the instant apartment units (hereinafter “first conversion for sale in lots”) around October 2009.

3) On December 30, 2009, Defendant B divided the company for the purpose of leasing, selling and arranging real estate on December 30, 2009, and Defendant C (hereinafter “Defendant C”).

(4) Around October 2011, Defendant C established a conversion for sale in lots (hereinafter “second conversion in lots”) to 384 households of the instant apartment.

B. On October 7, 2009, from October 7, 2009 to October 25, 2014, Defendant B entered into a warranty contract of the warranty number No. 1 E (won) with Defendant Housing and Urban Guarantee Corporation (hereinafter “Defendant Guarantee Corporation”) with respect to the instant apartment on October 7, 2009, the guaranty creditor was changed into the Dong Ducheon market (after the change to the Plaintiff), and the primary debtor as Defendant B entered into a warranty contract and was issued a warranty bond of the defect repair.

C. (1) The construction of the instant apartment by Defendant B, while constructing the instant apartment, did not construct the part to be constructed in accordance with the design drawing, or constructed the instant apartment in a defective way differently from the drawing, causing defects such as rupture and water leakage, etc., and the Plaintiff demanded the repair of defects to Defendant B on or around March 6, 2013 after the occurrence of the defect. However, the instant apartment still does not exceed the same defects as indicated in the separate sheet by the defect list.