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(영문) 의정부지방법원 2012.05.17 2011가합1078

하자보수보증금 등

Text

1. As to the Plaintiff’s KRW 183,60,000 and KRW 101,00,000 among them, the Defendant shall pay to the Plaintiff KRW 82,60,000 from February 16, 2011.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management body that consists of occupants in order to manage three A Apartment-dong 212 households (hereinafter “the instant apartment”) located in Seocheon-si, B, and C Co., Ltd. (hereinafter “C”) is a project proprietor who constructed the instant apartment.

B. On February 7, 2006, the Defendant entered into each of the following warranty contracts (hereinafter “each of the instant warranty contracts”) with respect to the repair obligation of the instant apartment as to the repair obligation of C as to the apartment of this case, setting the guarantee creditor as the Kancheon market:

The term "special engineer" as the warranty of each guarantee contract of this case from February 28, 2006 to February 27, 201, D 1D 1 D 1 D 2006 to February 27, 2011, 91,800 E 2 E from February 28, 2006 to February 27, 2016, "the guarantee creditor shall not be liable for the guarantee of defects that occurred before the guarantee period, and the guarantee creditor shall be deemed to be changed to the council of occupants' representatives when organizing the council of occupants' representatives under Article 60 (2) of the Enforcement Decree of the Housing Act. The term "guarantee accident" according to the warranty warranty contract of this case means the defect that occurred in the construction of the facilities subject to the defect repair as prescribed in attached Table 6,7 of the Enforcement Decree of the Housing Act, and the debtor shall either perform the guarantee obligation or bear the guarantee obligation without any justifiable reason for the defect repair without any justifiable reason for each type of work.

(Article 3). (c)

On March 21, 2006, the instant apartment was inspected on March 21, 2006, and thereafter the Plaintiff, which was an autonomous management body of the instant apartment, was organized, and the secured creditor of each of the instant guarantee contracts was changed to the Plaintiff.

C In constructing the apartment of this case, the apartment of this case is constructed with improper construction.