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(영문) 부산지방법원 2017.05.24 2015가합4798

하자보수보증금등

Text

1. The Plaintiff:

A. As to Defendant Deputy Construction Co., Ltd, the amount of KRW 768,401,734 and KRW 300,000 among them, the amount of KRW 768,401,734 and KRW 300,000 among them.

Reasons

Basic Facts

The plaintiff is an autonomous management organization organized by the occupants in order to manage five apartment units A, 298 households, and ancillary facilities (hereinafter referred to as the "the apartment of this case").

Defendant Non-permanent Construction Co., Ltd. (hereinafter “Defendant Non-permanent Construction”) is an executor who constructed and sold the instant apartment, and the name of the Defendant Housing and Urban Guarantee Corporation (hereinafter “Korea Housing and Housing Guarantee Corporation”) changed from “Korea Housing and Urban Guarantee Corporation”) to “Korea Housing and Urban Guarantee Corporation”; hereinafter “Defendant Guarantee Corporation”) guaranteed the repair obligation on the instant apartment.

The warranty period between January 19, 201 and January 18, 201, 202, 929,000 from January 19, 201 to January 18, 2012, and 202, 202, 929,003D D D D D 3, 19 January 19, 201 to January 18, 201, 304, 303, 504 E from January 19, 201 to January 18, 201 to January 19, 201, and each of the instant warranty guarantees issued from Defendant 1 and each of the instant warranty guarantees issued from Defendant 16, 405, 106, 205, 7505, 7505, 2011.

Article 4 (Defects Not Subject to Guarantee) The Guarantee Company (Defendant Guarantee Corporation) shall not perform the guaranteed obligation in respect of any of the following defects:

2. Any defect that a guarantee creditor has neglected the duty of due care of a good manager with respect to the joint ownership part of multi-family housing and the maintenance, repair

4. When a council of occupants' representatives is organized under Article 5 (Change of Name of Guarantee Creditor) of the parts which were executed or not executed differently from design drawings, design defect, construction in violation of the provisions concerning housing construction standards, etc., error in the Building Act, error in the provisional use approval, and other defects which occurred prior to inspection, the guaranty creditor shall be changed to the council of occupants

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