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(영문) 서울중앙지방법원 2018.04.26 2016가합5615

하자보수에 갈음하는 손해배상 등

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1. Defendant Dongdong Housing Co., Ltd.: (a) KRW 474,970,349 for the Plaintiff and its related amount from February 3, 2017 to April 26, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a party. 1) The Plaintiff is a A Apartment in Gwangju Northern-gu B (hereinafter “instant apartment”).

(2) In order to manage 530 households, Defendant Mine Housing Industry Co., Ltd. (hereinafter “Defendant Mine Housing Industry”) constructed the apartment of this case, and Defendant Dong Mine Housing Co., Ltd. (hereinafter “Defendant Dong Mine Housing”) sold the apartment of this case to a simple new company divided from Defendant Dong Mine Housing Industry around December 30, 2009.

The defendant Housing and Urban Guarantee Corporation (hereinafter referred to as the "Defendant Guarantee Corporation") is a person who guarantees the performance of the duty to repair defects in the apartment of this case as follows:

B. The Defendant Guarantee Corporation, which entered into a warranty contract, does not assume a guarantee liability for defects that occurred prior to the warranty period, in order to guarantee the obligation to repair the defects of the Defendant’s mine unit, on May 30, 201, “from May 30, 2011 to January 14, 2017”, “the guarantee creditor is changed to the council of occupants’ representatives if the council of occupants’ representatives is organized pursuant to Article 5 of the Guarantee Clause), “the head of Gwangju Metropolitan City North-gu (the council of occupants’ representatives is changed to the council of occupants’ representatives)”, “the primary debtor’s house”, and “specific engineer’s warranty”, and when the council of occupants’ representatives is organized pursuant to Article 60(2)

The letter of warranty of defects (Guarantee Number C) stating the contents of "the warranty" has been issued.

C. Defendant Dongdong Housing Industry, such as the inspection of use on the apartment of this case, newly constructed the apartment of this case and underwent a pre-use inspection on January 15, 2007, and thereafter, the occupancy by lease was commenced around that time.

Since then, the defendant Dong-dong Housing obtained approval for the conversion of the apartment of this case into parcelling-out around 201, and entered into the apartment sales contract of this case with the lessee at the time.

After that, the apartment of this case is located.