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(영문) 서울중앙지방법원 2015.05.01 2012가합95429

하자보수금등

Text

1. The plaintiff's rehabilitation debtor B, who is the plaintiff's taking over the lawsuit of Dongyang, Inc.

Reasons

1. Basic facts

A. The plaintiff is a party to the dispute. The plaintiff is a 763 unit units and ancillary facilities (hereinafter "the apartment of this case") in Gwangjin-gu.

(1) The Seoul apartment reconstruction association (hereinafter referred to as the “Inward Association”) is an autonomous organization organized by occupants to manage the project.

(2) On October 17, 2013, the Seoul Central District Court rendered a decision to commence rehabilitation proceedings as the Seoul Central District Court No. 2013 Ma186, Oct. 17, 2013, which was after the filing of the instant lawsuit, and B, appointed as the manager, took over the instant litigation proceedings in Dongyang.

(hereinafter referred to as the "Defendant Dongyang" is not classified before and after the process of taking over a lawsuit, except in extenuating circumstances.

The Defendant Dongyang entered into each of the instant guarantee contracts with the Defendant Housing Guarantee Co., Ltd. (hereinafter “Defendant Housing Guarantee Co., Ltd.”) on the instant apartment as indicated below (hereinafter “each of the instant guarantee contracts”) and was issued a warranty from the Defendant Housing Guarantee.

Since then, the guarantee creditor of each guarantee contract of this case was changed to the plaintiff in the broad-name market.

C. The apartment of this case had undergone a pre-use inspection on October 28, 2003. The defendant Dongyang failed to construct the apartment of this case in accordance with the design drawing, or modified the design drawing differently from the defective construction or design drawing. 2) The plaintiff continuously requested the repair of defects from February 2004 to the defendant Dongyang at the request of the tenant of this case and the sectional owner, and even though the defendant Dongyang performed the repair work for some defects, the apartment of this case was in accordance with the attached Table 1 list.