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(영문) 서울고등법원 2018.06.29 2017나2057104

하자보수금 등

Text

1. Of the judgment of the court of first instance, the part against Defendant E company which exceeds the following amount ordering payment.

Reasons

1. The status of the parties, occurrence of any defect, etc.;

A. The party’s status 1) the Plaintiff (Appointed Party) and the designated parties indicated in the annexed Form 1 List of the designated parties [the designated parties 69, 138, 363, 427, 501, 597, 654, 809, 810, 825, 831, 832, 887, and 900, among the designated parties listed in the annexed Form 1, are those who succeeded to the position of the party.

hereinafter referred to as the "Plaintiffs" in total, including the Plaintiff (Appointeds) and the successors of the appointed parties and some successors.

[2] The Seongbuk-gu Seoul Metropolitan Government D apartment (hereinafter referred to as the “instant apartment”).

The plaintiff's representative council is a sectional owner. The plaintiff's representative council is an autonomous management body organized by the occupants to manage the apartment of this case, and the F Area Housing Redevelopment and Improvement Project Association (hereinafter referred to as "the reconstruction association of this case").

(2) Defendant E is a company that constructed and sold the instant apartment, and Defendant E is a person who guaranteed Defendant E’s obligation to repair the defects of the instant apartment.

B. On August 27, 2010, Defendant Corporation and Defendant E entered into each contract for the repair of defects (hereinafter “each contract for the repair of defects” as indicated below with the head of Seongbuk-gu Office as the guarantee creditor, and each contract for the repair of defects (hereinafter “each contract for the repair of defects”) as indicated in the following table, and thereafter, the guarantee creditor of each contract for the repair of defects was changed to the council of occupants’ representatives.

The debt guarantee amount of the No. 1 G 1 G 30, August 30, 2011 to August 29, 2011 (1 year) 2 H 2: from August 30, 2010 to August 29, 2012 to August 29, 2012 (2 years) 3 I 1,427,826 won from August 30, 201 to August 29, 2013 to August 29, 2013 to August 29, 2010 to August 29, 2013 (3 years), 1,427, 215, 826 won from J 4, 2010 to August 30, 201 to August 29, 2015 (5 years), 713,607, 80, K 205 to August 30, 2018 (208.

C. The reconstruction association of this case obtained approval for the use of the apartment of this case and approval for the use of the apartment of this case on August 30, 2010.