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(영문) 서울고등법원 2017.07.14 2015나2027642

사해행위취소

Text

1. The judgment of the first instance court shall be modified by reflecting the reduction and extension of claims made in the trial as follows.

Reasons

1. Basic facts

A. B constructed and sold D apartment units with 11 and 138 households, including each of the instant real estate, to Kimpo-si, and entered into an agreement with the Plaintiff on November 2, 2006 for warranty of defects (1, 2, 3, 5, and 10 years defect) (hereinafter “instant warranty agreement”), and accordingly, the Plaintiff issued five warranty bonds as shown below the same day.

(1) The term “the council of occupants’ representatives” means the council of occupants’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ and representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ and representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ guarantee guarantees. The term “the council of occupants’ representatives’ representatives’ representatives’ representatives” and “the council of occupants’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives” and “the council of occupants’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives” and “the council of occupants’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives” and “the council of occupants’ representatives’ representatives’ representatives’ representatives’ representatives” and “the council of occupants’ representatives’ representatives’ representatives’ representatives.

B. 1) For the efficient management and operation of D apartments, D council of occupants' representatives, an autonomous management organization organized by the occupants, pursuant to relevant Acts and subordinate statutes, such as the Act on the Ownership and Management of Aggregate Buildings, shall pay B the 1,2, and the 3 years of defect repair performance against B, but the 106,794,000 won in total to D's council of occupants' representatives on December 21, 2010 (i) the 1,83,629 won in number 29, 293,629 won in number 3, 47,629 won in number 29,629 in number, and appropriated the 84,26,7429, which was offered as security by B, for the remainder of the amount of defect repair performance against D's council of occupants' representatives on April 17, 208 (i.e., the 1,83,629 won in this case).

October 2014