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(영문) 서울중앙지방법원 2017.10.18 2015가합555410

손해배상(건)

Text

1. The defendant Hansung Construction Co., Ltd., Hansung Co., Ltd., limited partnership, and limited partnership Co., Ltd. shall be jointly and severally held against the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a party 1) The plaintiff is a 7-dong 848 apartment units located in the Nam-gu Incheon Metropolitan Government B (hereinafter "the apartment unit of this case").

In order to manage the apartment, the council of occupants’ representatives is the council of occupants’ representatives comprised of the occupants. 2) Defendant Hanhwa Construction Co., Ltd. (hereinafter referred to as “Defendant Hanhwa Construction”), Defendant Hanhwa Co., Ltd. (hereinafter referred to as “Defendant Hanhwa”), and the Defendant Han Man Partners Co., Ltd. (hereinafter referred to as “Defendant Han Man Partners”) is a person who constructed and sold the apartment of this case.

3) Defendant Housing and Urban Guarantee Corporation (hereinafter “Defendant Guarantee Corporation”)

(B) The Defendant Hansan Construction guaranteed the obligation to repair the defects of the instant apartment in the instant apartment, which constructed the instant apartment. (B) On September 20, 201, the Defendant Hanhan Construction Co., Ltd., which entered into the instant guarantee agreement, concluded each contract for the repair of defects (hereinafter “each of the instant guarantee contracts”) with the guarantee creditor as to the instant apartment as indicated in the following table by having the guarantee creditor as the head of the Namdong-gu Incheon Metropolitan Government (hereinafter “each of the instant apartment”), and in case of individual names, “the guarantee contract”

A) The guaranty creditor of each of the instant guarantee contracts was changed to the Plaintiff. The guaranty creditor of the instant guarantee contracts was changed to the Plaintiff. The guaranty debt of the No. 1 C 1 C 24,745,1182 D 209 from December 21, 2010 to December 20, 2011, to December 21, 2010, 824,745,1183 E 3 20, 2010 to December 20, 2012, from December 21, 2012 to December 21, 2012, 205, from December 21, 2010 to December 20, 2013 (3 years), 1,37,117,6784 F. 4 to December 21, 2010 to December 205 to 208, 2015 to 36, etc.5818

C. The instant apartment was inspected on January 7, 201 for the pre-use inspection and the repair of defects of the instant apartment.

On the other hand, by constructing the apartment of this case, the part to be constructed according to the design drawing is not constructed while the apartment of this case is newly constructed, or the apartment of this case is constructed with the defective construction or with the alteration of the design drawing differently from the common part of the apartment of this case.