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(영문) 대구지방법원 2019.01.17 2018나305534

하자보수보증금 청구의 소

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous organization composed of occupants for the management of four units and other auxiliary facilities (hereinafter “instant apartment”) of the Daegu North-gu A apartment 200 households constructed by Nonparty Company B (hereinafter “Nonindicted company”).

B. On April 18, 2007, the Defendant entered into a contract for the repair of defects with the content that the Defendant shall either perform the repair of defects or pay the expenses for the repair of defects (hereinafter “instant contract for the repair of defects”) where the guaranteed accident occurred because the non-party company, the principal debtor, notwithstanding the claim for the repair of defects by the guarantee creditor, failed to perform the repair of defects.

(A) A guarantee creditor stated in a warranty document shall be deemed to have been changed to the council of occupants' representatives when the council of occupants' representatives is organized. The warranty creditor shall be deemed to have been changed to the council of occupants' representatives in the Daegu Metropolitan City or Article 5 of the terms and conditions of the warranty contract of this case, which are part of the warranty contract of this case, and the content of the warranty and the amount of the warranty by each warranty period of the former Enforcement Decree of the Housing Act (wholly amended by Presidential Decree No. 27444, Aug.

Construction of reinforced concrete from May 15, 2007 to May 14, 2012 (five years): The construction of reinforced concrete from May 15, 2007 to May 14, 2012: The construction of reinforced concrete from May 15, 2007 to May 14, 2017 (10 years): columns, bearing walls, 78,592,83 won.

C. On April 17, 2012, the Plaintiff filed a claim for defect repair with the non-party company along with the details of the defect in the instant apartment (hereinafter “instant claim for defect repair”), and the non-party company, on April 23, 2012, can be somewhat delayed in handling the defect due to the company’s circumstances under the title “responding to the five-year response to the defect repair application,” and the company’s circumstances were to be normalized, but did not comply with the defect repair.

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