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(영문) 서울중앙지방법원 2016.04.07 2013가합73273

하자보수보증금 등

Text

1. The part of the lawsuit against the Plaintiff Construction Co., Ltd. exceeds the money set forth in paragraph 2(a) below.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party in the position of the Plaintiff. The Plaintiff is a bruston apartment in Mapo-gu Seoul Mapo-gu, Seoul, 230 (Republic morals) (hereinafter “instant apartment”).

In order to manage the apartment, the autonomous management body is composed of the occupants. 2) The Housing Redevelopment Association in Zone Five of New Ethics (hereinafter referred to as the “New Ethics Redevelopment Association”) is a project proprietor who constructed and sold the apartment of this case, and the Defendant Completion Construction Co., Ltd. (hereinafter referred to as the “Defendant Completion Construction”) is a construction company which performed the new construction work of the apartment of this case by being awarded a contract from the New Ethics Development Association.

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

"Defendant's Housing City Guarantee" regardless of whether it is before or after the change in the name.

(B) Around October 15, 2008, the Defendant’s construction guaranteed the obligation to repair the defects of the apartment of this case. (2) Around October 15, 2008, the Defendant’s construction completion and usage inspection 1) entered into a contract with the Defendant’s Housing Urban Guarantee to guarantee the obligation to repair the defects of the apartment of this case as to the instant apartment of the Defendant’s completion construction (hereinafter “the instant guarantee contract”). A deposit was made with the head of Mapo-gu, the competent authority for the inspection for the inspection of the defects of each of the contents indicated below from the Defendant’s Housing Urban Guarantee, and each of the above guarantees provided that “the guarantee obligation shall not be the guarantee obligation for the defects that occurred before the period of the guarantee, and the guaranty creditor shall be deemed to have been changed to the said council of occupants’ representatives

[Dissenting] The guarantee number No. 1012929208-201-001701, 286, 500, 500 of the guarantee period of No. 1012, 11, 2008 to November 10, 2008, 20129208.