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(영문) 서울중앙지방법원 2020.07.22 2018가합581489

하자보수에 갈음하는 손해배상 청구 등

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1. The Plaintiff:

A. Defendant B Co., Ltd., C, and D Co., Ltd. are jointly and severally 516,943,447 won and among them 497.

Reasons

1. Basic facts

A. The Plaintiff is the party in the position of the parties 1) The 12-dong 186 apartment units in Gwangju Mine-gu (hereinafter “instant apartment units”).

(2) Defendant B is an autonomous management body organized by occupants for the management of the apartment of this case. Defendant C and D are the project undertaker who newly constructed and sold the apartment of this case. Defendant C and D are the truster and beneficiary who entered into a management-type land trust contract with Defendant B (hereinafter “instant trust contract”) with regard to the sale of the apartment of this case, and Defendant E and F are the joint contractors of the instant apartment of this case, and Defendant E and F are the persons who guaranteed the repair obligation of the instant apartment for Defendant E and F.

B. On November 4, 2016, Defendant E and F entered into a contract for the warranty of defects (hereinafter “instant warranty contract”) with the Defendant Housing and Urban Guarantee Corporation and the instant apartment as the head of the Gwangju Metropolitan City Mine Office to determine the primary debtor as Defendant E, F, and the guaranty creditor as the primary debtor, and each contract for the warranty of defects as indicated in Table 1 below (hereinafter “instant guaranty contract”).

(1) Each contract for the repair of defects is concluded and each contract for the repair of defects is issued. [Attachment 1] The warranty period of G 162,034,4972 G 28,17 November 28, 2016 to Nov. 17, 2018 (2 years), and the council of occupants' representatives is not obliged to bear the responsibility for the repair of defects under the provisions of Article 270,057, 4934 G 28, 2016 to Nov. 17, 2019 (3 years) G 28,091, 913 G 2016 to Nov. 28, 2016 to Nov. 17, 2021 (5 years), and the council of occupants' representatives is not obligated to bear the responsibility for the repair of defects under the provisions of Article 270,057, 493 G 2934 to Nov. 28, 2016 to 205.

C. Defendant B’s conclusion and approval of use of the instant sales contract is both the seller and the trustee, and Defendant C and D are both the truster and the beneficiary of the instant apartment.