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(영문) 부산지방법원동부지원 2019.07.11 2017가합105301

하자보수금 등

Text

1. Of the instant lawsuit, the part of the conjunctive claim against Defendant C Co., Ltd. shall be dismissed.

2. The Plaintiff:

A. Defendant.

Reasons

1. Basic facts

A. Status 1 of the parties concerned ) The plaintiff is an apartment apartment A in Suwon-gu Busan Metropolitan City (hereinafter "the apartment of this case").

(2) For the management of 157 households, Defendant B Co., Ltd. (hereinafter “Defendant B”) is a business entity that newly built and sold the instant apartment, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a new contractor that newly built the instant apartment upon receiving a contract from Defendant B for the construction of the instant apartment, and the name was changed from the Korea Housing and Urban Guarantee Corporation (hereinafter “Defendant Korea Housing and Urban Guarantee Corporation”) guarantees Defendant C’s performance of the defect repair obligation on the instant apartment.

B. 1) On October 14, 2014, Defendant C entered into a contract for the repair of defects (hereinafter collectively referred to as “each guarantee contract of this case”) with respect to the apartment of this case with the Defendant Guarantee Corporation and the guaranty creditor as the head of Young-gu. The Defendant C is deemed to be a contract for the repair of defects as indicated in the following table:

The guaranty creditor of each of the above guarantees was issued by the Defendant Guarantee Corporation. The guaranty creditor of each of the above guarantees stated that “if the council of occupants’ representatives has been constituted, the guaranty creditor shall be deemed to have been changed to the council of occupants’ representatives.” [the content of the warranty contract] The guaranty creditor shall be deemed to have been changed to the council of occupants’ representatives.” [the contents of the warranty contract] 1 year and 72,998,554 1 year and 72,998,554 2 year from the date of the 1D usage inspection (original) 182,496,384 2 year and 145,97, 997, 8305 H usage inspection from the date of the 4 G usage inspection to 109,497, 8305 year from the date of the 109,497, 8306 I usage inspection, 109, 5, 2014, and each of the instant apartment was modified as the Plaintiff.

C. Defect of the apartment of this case