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(영문) 서울남부지방법원 2015.11.26 2013가합10513

하자보수보증금 등

Text

1. The plaintiff

A. As for the mobilization and development of Defendant Co., Ltd, the amount of KRW 258,346,664 and KRW 101,00,000 among them shall be calculated. < Amended by Presidential Decree No. 24800, Oct. 1, 20

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is an autonomous management organization composed of the occupants in order to manage the nine above 593 units of the ground A apartment (hereinafter “instant apartment”) in Namyang-si, Namyang-si (hereinafter “instant apartment”).

(2) The Defendant mobilization and development is a project undertaker who constructed and sold the instant apartment building, and the Defendant Housing and Urban Guarantee Corporation is a guarantor who entered into a warranty contract on the instant apartment for the mobilization and development of the Defendant.

B. In the event that Defendant mobilization and development fails to perform the obligation to repair defects arising from the instant apartment complex between Defendant Housing and Urban Guarantee Corporation, Defendant Defense and Urban Guarantee Corporation entered into a contract under which the Korea Housing and Urban Guarantee Corporation, a guarantee creditor, shall pay a defect report deposit within the period and amount specified in the table below (hereinafter “instant guarantee contract”) and was issued a warranty certificate.

From July 20, 2005 to July 19, 2006, KRW 440,464,698 on July 20, 2005 to KRW 440,464,698 on July 19, 2005 to KRW 340,464,698 on July 19, 2007 to KRW 660,697,048 on July 20 to 3, 2005 to KRW 460,697,048 on July 19, 200 to KRW 330,348,523 on July 19, 205 to the Plaintiff’s autonomous management organization on July 20, 205 to KRW 330,348,523,523 on July 205, 205 to KRW 330,7305,735,2015.

C. (1) Claim for the occurrence and repair of defects occurred on the apartment of this case due to water leakage, defect in construction, etc. on the section for common use and the section for exclusive use. The Plaintiff requested for the repair of defects from the time immediately after the Defendant mobilized and development entered the apartment of this case. However, the repair work was not performed on the section for common use and section for exclusive use

1. A defect list; and