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(영문) 서울중앙지방법원 2017.10.18 2015가합530763

손해배상(건)

Text

1. The Plaintiff:

A. The defendant Han Construction Co., Ltd., Hansung Co., Ltd., Hansung Co., Ltd., and Gohap Co., Ltd.

Reasons

1. Basic facts

A. The plaintiff is a party 1) A apartment, which is an aggregate building B on the ground of the Nam-gu Incheon Metropolitan City (hereinafter "the apartment of this case").

(2) In order to manage the 1,052 households of 8 units, the management body consisting of the representatives of the occupants is the Defendant Hansung Construction Co., Ltd., Hansung Construction, Hanhwa Construction Co., Ltd., and the YY Co., Ltd. (hereinafter collectively referred to as the “Defendant Hanhwa Construction, etc.”) is the project proprietor who constructed and sold the apartment of this case. The Defendant Korea Housing and Urban Guarantee Corporation (hereinafter referred to as the “Defendant Corporation”) entered into a warranty contract for the apartment of this case with the Defendant Han Han Construction who constructed the apartment of this case.

B. On November 26, 2010, Defendant Hanhwa Construction Co., Ltd. entered into a contract for the repair of defects (hereinafter “instant contract for the repair of defects”) with the guarantee creditor as to the instant apartment between Defendant and the Seo-gu Incheon Metropolitan City as the head of Nam-gu Office, Incheon Metropolitan City, and received each contract for the repair of defects as indicated below (hereinafter “instant contract for the repair of defects”).

After obtaining approval for use on December 24, 2010, the apartment of this case was constituted by the plaintiff who is the council of occupants' representatives, the guarantee creditor under the instant warranty contract was changed to the plaintiff.

The warranty period of C 1 C 20.12.21. to December 21, 2011, 201.20.1, 185, 166, 432 D 2.24 from December 21, 2010 to December 21, 2012 from December 20, 2012 to December 1, 185, 16, 4323 E from December 21, 2010 to December 21, 2013 to December 20, 2013; 1,777, 749, 6494 F. 4 from December 21, 2010 to December 88, 207, 208; 874, 824, G 5, 2010 to December 28, 2018;

C. The construction of the apartment of this case newly constructed the apartment of this case, and the construction of the apartment of this case did not construct the part to be built in accordance with the design drawing, or constructed the apartment of this case in a way different from the drawing or defective construction, thereby causing a defect such as rupture and water leakage to the section for common use and section for exclusive use of this case. The plaintiff continues to be the defendant from August 23, 201 to October 20, 2014 after the defect occurred.