beta
(영문) 서울고등법원 2018.01.12 2017나2026766

손해배상(건)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is comprised of 56 households, 27 households, and 138 commercial buildings in Seongbuk-gu Seoul Metropolitan Government.

hereinafter referred to as “instant building”

(2) The Korea Land Trust Co-Defendant, Ltd., the first instance court (hereinafter “Korea Land Trust”) is a project proprietor who constructed and sold the instant building, and the same Construction Co-Defendant, Ltd. (hereinafter “Korea Land Trust”) took over the lawsuit as the rehabilitation procedure commenced on July 4, 2016 by the Chuncheon District Court 2016 Mahap501. hereinafter “the same construction”) is a company that performed the construction work of the instant building under contract from the Korea Land Trust.

3) On June 28, 2010, the Defendant guaranteed the obligation to repair the defects in the instant building of the same construction. (B) Around June 28, 2010, the same construction is concluded with the Defendant to guarantee the obligation to repair the defects in the apartment part of the instant building of the same construction (hereinafter “the instant guarantee contract”). A deposit was made with the head of Seongbuk-gu Seoul Metropolitan Government Office, which is the authority to conduct the inspection of the installation of the defect liability under each of the following specifications. Each of the above guarantees stated as follows: “If the council of occupants’ representatives (including the management body under the Housing Act and the Enforcement Decree of the Housing Act) is organized, the guarantee creditor shall be deemed to have been changed to the said council of occupants’ representatives.”

[Dissenting] The list No. 18,096,834 of June 25, 2010 to June 24, 2011 (1 year) 2 D Site Development Works, etc. 45,242,086 to June 25, 2010 to June 24, 2012 (2 years) 3 E and 36,193,669 from June 24, 2012 to June 25, 2010.