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(영문) 서울중앙지방법원 2017.08.31 2015가합578321

하자보수금 등

Text

1. The plaintiff's lawsuit against the defendant treatment industry development corporation is dismissed.

2. The Plaintiff:

A. The defendant corporation.

Reasons

1. Basic facts

A. 1) The Plaintiff is Pyeongtaek-si A apartment (hereinafter “instant apartment”)

640 households are autonomous management organizations composed of occupants, and Defendant Heavy A&D Co., Ltd (hereinafter “Defendant P&D”) is to manage the 640 households.

A) The operator of the business that newly constructs and sells the apartment of this case and the Daewoo Automobile Sales Co., Ltd. (hereinafter referred to as “treatment Automobile Sales”).

The name of Korea Housing and Urban Guarantee Corporation was changed to Korea Housing and Urban Guarantee Corporation pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act.

(2) On August 10, 201, the judgment of the court below was rendered on August 10, 201 by the Seoul Central District Court 201 Gohap105, and the decision of the rehabilitation plan was issued on December 9, 2011.

According to the above rehabilitation plan, Defendant Treatment Industry Development Co., Ltd. (hereinafter “Defendant Treatment Industry Development”) was divided and established on December 19, 201.

The development of the defendant treatment industry was decided on December 30, 201 to terminate the rehabilitation procedure after receiving a decision to discontinue the rehabilitation procedure.

B. The conclusion of the warranty contract and the usage inspection 1) The sale of treatment automobile is a contract under which the performance of the warranty obligation on the apartment of this case is guaranteed by the Defendant Housing and Urban Guarantee Corporation and the Treatment Automobile Sales (hereinafter “the instant warranty contract”).

B. A contract is concluded by the Defendant Housing and Urban Guarantee Corporation, and each of the following specifications was issued by the Defendant Housing and Urban Guarantee Corporation and deposited to the head of Pyeongtaek-si who is the authority for usage inspection, and each of the above guarantees shall not be liable for guarantee for defects incurred before the warranty period. In the event of composition of the council of occupants' representatives under Article 60 (2) of the Enforcement Decree of the Housing Act, the guarantee creditor shall