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(영문) 서울고등법원 2015.12.09 2015나5011

하자보수보증금 등

Text

1. Of the judgment of the first instance court, the part against the Defendants in the judgment is modified as follows.

Defendant Construction Mutual Aid Association shall be.

Reasons

1. Basic facts

A. The status of the parties is an autonomous management body composed of the occupants in order to manage the 1,097 household units of the Sejong-gu Seonam-ro 10 (Songdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

As stated in the foregoing paragraph, it is a guarantee company that concludes a defect liability contract for the apartment of this case and issues a defect liability bond.

B. 1) On September 29, 2009, the Defendant Construction Mutual Aid Association entered into a contract for the repair of defects arising from the instant apartment within the warranty period with Defendant C on September 29, 2009 (hereinafter “each guarantee agreement of this case”).

After concluding a warranty contract as follows, the guaranty creditor of each of the instant apartment units was changed to the Plaintiff. From September 30, 2009 to September 29, 2019, the guaranty creditor of each of the instant warranty contracts was (10 years defect) 1,348,749,549 until September 30, 2019 (5 years defect) 1,348,749, 749, 78104 to 79, 208, 209 to 30, 297, 209 to 30, 209, 209 to 30, 207, 209 to 30, 197, 209 to 30, 297, 209 to 30, 197, 29, 209 to 30, 297, 297, 297).

C. Defendant 1, Defendant 3, when constructing the instant apartment, should not interfere with the function, safety, or aesthetic view of the building. However, the design drawing is different from the design drawing.