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(영문) 서울중앙지방법원 2016.10.12 2015가합561231

하자보수보증금 등

Text

1. The Plaintiff:

A. As to the Defendant Korea Land Trust, the amount of KRW 208,01,087 and KRW 101,000,000 among them.

Reasons

1. Facts of recognition;

A. Status 1 of the parties concerned) The Plaintiff is the two weeks A Apartment (hereinafter “instant apartment”).

(2) Defendant Korea Land Trust Co., Ltd. (hereinafter “Defendant Korea Land Trust”) is a person who constructed and sold the instant apartment, and the Defendants’ Intervenor is a contractor of the instant apartment, and Defendant Construction Mutual Aid Association guaranteed the Defendants’ Intervenor’ Intervenor’s duty to repair the defects of the instant apartment.

B. 1) On April 4, 2003, the Defendants’ assistant intervenor entered into a contract for the warranty of defects as indicated in the following table (hereinafter “instant warranty contract”) that guarantees the Defendant Construction Mutual Aid Association and the Defendants’ assistant intervenor’s duty of repairing defects regarding the apartment of this case.

(1) The Defendants’ assistant intervenor entered into a contract with the Plaintiff on August 5, 2005. The Defendants’ assistant intervenor entered into a pre-use inspection on the instant apartment on August 5, 2005. The pertinent household of the instant apartment was delivered to the sectional owners around that time, and thereafter, the instant apartment was organized by the Plaintiff, an autonomous management organization of the instant apartment, and the Plaintiff was changed to the Plaintiff’s guarantee agreement. < Amended by Presidential Decree No. 17568, Aug. 10, 2005; Presidential Decree No. 17455, Aug. 10, 2005; Presidential Decree No. 25135, Aug. 264, 2005; Presidential Decree No. 20220, Aug. 5, 2005>

C. The Defendants’ assistant intervenor and defect repair costs did not construct the parts to be built in the new construction of the instant apartment, or modified the design drawings differently from the design drawings.

Accordingly, from the time of the above pre-use inspection, the Plaintiff continuously requested the defendants' assistant intervenor to repair the defects at the request of the occupants and sectional owners of the apartment of this case, and the defendants' assistant intervenor paid some of the defects.