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(영문) 인천지방법원부천지원 2016.01.13 2014가합2234 (1)

손해배상

Text

1. The Plaintiff:

A. Defendant B apartment house reconstruction and rearrangement project partnership KRW 739,738,414 and KRW 100,000,100 among them.

Reasons

1. Basic facts

A. Party 1) The Plaintiff is the Plaintiff’s 9-dong 404 households and ancillary facilities (hereinafter “instant apartment”).

In order to manage the apartment of this case, the defendant reconstruction association is an autonomous management body which is composed of its occupants. 2) The defendant reconstruction association is a project proprietor who constructed and sold the apartment of this case. The defendant housing industry is a contractor who entered into a construction contract with the defendant reconstruction association for the new construction of the apartment of this case and constructed the apartment of this case. The defendant construction mutual aid association guarantees the warranty liability for the defect repair of the apartment of this case to the defendant housing industry.

B. (1) On December 8, 2010, the Defendant Gold Industry entered into a contract for the repair of defects (hereinafter “instant guarantee contract”) with the Defendant Construction Mutual Aid Association on the following terms: (a) each contract for the repair of defects (hereinafter “instant guarantee contract”) with the content as indicated in the table of the contract for the repair of defects;

In concluding the contract, if the council of occupants' representatives or the management body of the apartment of this case is organized, the guarantee creditor shall be deemed to be changed to the council of occupants' representatives or the management body of the relevant apartment of this case. The details of the contract for the repair of defects are as follows: 1D 1, 2010. through 1, 241, 037, 7631. < Amended by Presidential Decree No. 22503, Nov. 30, 2011; Presidential Decree No. 22501, Dec. 1, 2010; Presidential Decree No. 2426, Nov. 30, 2012; Presidential Decree No. 24261, Dec. 1, 2010; Presidential Decree No. 24415, Nov. 36, 2015>

3. The defendant reconstruction association is the apartment of this case.