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(영문) 서울중앙지방법원 2019.03.28 2016가합525898

하자보수보증금 등

Text

1. Of the instant lawsuit, the claim against Defendant B among the instant lawsuit and the primary claim against Defendant C.

Reasons

1. Basic facts

A. Party status 1) The Plaintiff is the Plaintiff’s four-dong-dong (Ddong, Edong, Fdong, Gdong) in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant apartment”). 212 households (hereinafter “instant apartment”).

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is an autonomous management organization organized by occupants to administer the instant apartment construction project.

3) Defendant C Co., Ltd. (hereinafter “Defendant C”)

) The company is the company that constructed the apartment of this case (the dispute is about whether Defendant C jointly sold the apartment of this case with Defendant B).

4) Defendant Housing and Urban Guarantee Corporation (hereinafter “Defendant Guarantee Corporation”) guarantees the performance of the duty to repair defects in relation to the instant apartment as follows.

B. On April 25, 2008, as indicated below, the Defendant Guarantee Co., Ltd issued each defect repair certificate with the content of issuing the defect repair certificate to the head of Yeongdeungpo-gu Office, the authority for authority for authority for authority for authority for authority for authority for authority for authority for authority for authority for authority for inspection, where the Defendant C fails to perform the defect repair without justifiable grounds, notwithstanding the guaranty creditor’s claim for the defect repair as to the defect that occurred during the defect repair liability period for each type of work.

Each of the above warranty certificates states that "no guarantee shall be liable for any defect that occurred prior to the period of guarantee, and the guarantee creditor shall be changed to the council of occupants' representatives when the council of occupants' representatives is organized pursuant to Article 60 (2) of the Enforcement Decree of the Housing Act."

[ table] The warranty period of No. 1 H 1 of May 6, 2008 to May 5, 2009 to May 5, 138, 2009 to May 5, 2009, 1300,000 I from May 6, 2008 to May 138, 200, 300,000.