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(영문) 부산지방법원 동부지원 2018.07.12 2016가합103230

양수금

Text

1. The plaintiff

A. In the case of Defendant C-owned Housing Co., Ltd, the amount of KRW 385,862,373 and KRW 210,00,000 among them shall be determined by the Presidential Decree.

Reasons

1. Basic facts

A. 1) The Plaintiff’s status as the parties to the case is as follows: (a) Masan Masan Dasan apartment (hereinafter “instant apartment”) located in 1231 as the cultivation of Gyeongnam Development-gun.

In order to manage a total of 178 households, it is an autonomous management body consisting of the occupants. 2) The Defendant Sambu Housing Co., Ltd. (hereinafter referred to as the “Defendant Sambu Housing”) is a company that constructed and sold the instant apartment, and Sambu Housing Co., Ltd. is a company that constructed and sold the instant apartment, and the Defendant Korea Housing and Urban Guarantee Corporation (Korea Housing Guarantee Corporation under Article 4 of the Addenda to the Housing and Urban Fund Act has changed its name to the Housing and Urban Guarantee Corporation; hereinafter referred to as the “Defendant Guarantee Corporation”) is a corporation with the purpose of selling a house built and supplied by a project proprietor under the Housing Act, guarantee for the sale of a house, warranty

B. On April 23, 2013, Samsung Co., Ltd. entered into a warranty contract with Defendant Guarantee Corporation and each of the warranty contracts (hereinafter collectively referred to as “each of the warranty contracts of this case”) with respect to the apartment of this case, and was issued by Defendant Guarantee Corporation, respectively.

Since then, the guarantee creditor of each guarantee contract of this case was changed to the plaintiff.

Serial No. 1 235,245,003-2003, 231201-201-002 from the date of usage inspection from the date of usage inspection from 1 year 94,09,098,002 from the date of usage inspection (No. 0231201-201502) No. 1 to 238,196,004 from the date of usage inspection (No. 231201-201-01503) from the date of 18,196,004 from the date of usage inspection (No. 231203-2013-20004 from the date of April 141, 147,000 from the date of usage inspection (No. 0231203-2013-201-2014, 2010-14016

C. On April 23, 2013, the apartment of this case, which had undergone a pre-use inspection on the instant apartment, was conducted on April 23, 2013, and the third-party company was a design drawing in the process of newly constructing the instant apartment.