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(영문) 서울중앙지방법원 2018.07.18 2015가합578635

하자보수보증금 등

Text

1. As to the trust of real estate that is created by Defendant New Real Estate Co., Ltd, the amounting to KRW 76,558,119 and the amount pertaining thereto shall be from January 12, 2016 to July 12, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a party-based complex building A located in Dongjak-gu Seoul Metropolitan Government (a) and comprised of 140 households and 92 households for commercial buildings.

hereinafter referred to as “instant building”

(2) For the management of the building, an autonomous management body consisting of the representatives of the occupants is an executor who sold the building of this case, and an assistant intervenor s.S. Construction Co., Ltd. (hereinafter referred to as the “participating”) is a contractor who newly constructed the building of this case by being awarded a contract for the construction of the building of this case from an assistant intervenor s.S. and the Defendant Housing and Urban Guarantee Corporation (hereinafter referred to as the “Defendant Corporation”) entered into a warranty contract with the Intervenor for the building of this case.

B. On November 25, 2010, an intervenor entered into a contract for the warranty of defects (hereinafter “instant warranty contract”) with the Defendant Corporation on November 25, 2010, where the intervenor fails to comply with the claim for the repair of defects arising within the warranty period after undergoing the inspection of the use of new construction of the instant building on the housing among the instant buildings without any justifiable reasons, the intervenor shall enter into a contract for the warranty of defects with the Defendant Corporation to perform the repair of defects to the guaranty creditor or

The Defendant Corporation entered into a contract and was issued with each of the guarantees described below. The warranty period of 10/10 from December 10, 201 to December 9, 201 (1 year) 206,684,580 to December 9, 2012, 26,711,4523 to December 10/10, 2010 to December 10, 2012; 213,369, 1614 to December 10, 2018; 216/610 to December 10, 208; 369; 16/1610 to December 16, 208; 201 to December 10, 2014; 201-6/6/6/108 of this case’s construction work was completed by the head of the Gu around December 16, 2015.