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(영문) 서울고등법원 2018.07.17 2018나2014838

하자보수보증금 등

Text

1. All appeals filed by the Plaintiff, Defendant Construction Mutual Aid Association, and Defendants’ Intervenor, Hansung Construction Co., Ltd. are dismissed.

Reasons

1. Basic facts

A. The status of the parties is the autonomous management body that consists of occupants to manage the 7-dong 700 apartment units in Yongsan-si, Suwon-si (hereinafter “instant apartment”).

The Defendant Corporation is a project undertaker who constructed and sold the apartment of this case, and the Defendant Association is a corporation that entered into each of the warranty liability agreements with the Defendants’ auxiliary intervenors who constructed the apartment of this case (hereinafter referred to as the “participating”).

B. Around November 28, 2011, the Defendant Union and the Intervenor Union entered into each contract for the warranty of defects with regard to the seller B Co., Ltd. (hereinafter “B”) and the seller of the instant apartment among the instant apartment units. On May 29, 2012, the guaranty creditor was changed to the Plaintiff, the warranty period, and the warranty period as indicated below.

(1) On November 30 through 29, 2012.11.29 (one-year 20, one-6, one-6, one-3, one-6, one-3, one-6, one-6, one-6, one-6, one-3, one-6, one-3, one-6, one-6, one-3, one-6, one-6, one-3, one-6, one-6, one-3, one-6, one-6, one-3, one-6, one-6, one-3, one-6, one-3, one-6, one-3, one-6, one-6, one-3, one-6, one-3, one-6, one-6, one-6, one-3, one-6, one-6, one-3, one-6, one-6, one-6, and one-5, one-3, one-6, one-6, and one-5, another;