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(영문) 서울고등법원 2016.10.13 2013나58134

하자보수보증금 등

Text

1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:

1. Defendant 1.

Reasons

1. Basic facts

A. The status of the parties is 1) An apartment located in Ansan-si B is composed of 10 Dong-dong 705 households in total (hereinafter “instant apartment”).

(2) In order to manage the apartment of this case, the Plaintiff is an autonomous management body organized by its occupants. 2) Defendant Kukdong Holdings is a project proprietor who constructed and sold the apartment of this case. Defendant Kukdong Holdings and Joint Project Undertakers are the company that constructed and sold the apartment of this case, and the Defendant Seoul Guarantee Insurance Co., Ltd. is the following.

It is an insurance company that has entered into a warranty insurance contract for the apartment of this case with the defendant Daewoo Construction.

3) Intervenors assisting the Defendant Daewoo Construction (hereinafter “ Intervenors”)

(B) The Defendant Daewoo Construction Co., Ltd. concluded a fire door supply contract on part of the entire generation of the instant apartment complex and supplied it. B. The Defendant Daewoo Construction Co., Ltd. concluded a warranty insurance contract on August 21, 2007, setting the insured as the Ansan market and concluded a warranty insurance contract with the Defendant Seoul Seoul Guarantee Insurance Co., Ltd. as follows (hereinafter “instant warranty insurance contract”).

(1) After the Plaintiff’s establishment as an autonomous management organization of the instant apartment, the right to the insured of the instant guarantee insurance contract was succeeded to the Plaintiff. The insurance period of the No. 1978,966,450 from September 21, 2007 to September 20, 2008 (the period of warranty) (the period of warranty) the purchase of the insurance policy of the instant apartment from September 21, 2007 to September 20, 2008 (the period of warranty) was 978,966,450 from September 21, 2007 to September 20, 2009; 1,468,449,675, from September 21, 2007 to September 20, 2010; 24,24,8388,488,49,207;

C. Use approval and assignment of claim 1) The instant apartment was approved on September 20, 2007 (approval of business plan: December 23, 2004: February 28, 2005) by the Plaintiff.