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(영문) 서울남부지방법원 2016.11.17 2015가합102126
하자보수보증금 등
Text

1. The plaintiff's lawsuit against the defendant SPS Construction Corporation shall be dismissed.

2. The defendant Housing and Urban Guarantee Corporation;

Reasons

1. Basic facts

A. The Plaintiff is the party’s status 1) The new-bearing apartment located in 281-15 (hereinafter “instant apartment”) as the Samcheon-ro, Gosung-nam-ro, Gosung-si.

(2) In order to manage the nine units of 431 units and ancillary facilities, each occupant is an autonomous management organization organized by the residents. (2) Defendant S branch Construction Co., Ltd. (hereinafter “Defendant New Construction Co., Ltd”) is a company that contracted the construction of the instant apartment from Bosch Rexrothn Construction Co., Ltd. (hereinafter “instant executor”), regardless of whether it was before or after the alteration, regardless of whether it was before or after the alteration.

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 Guarantee Corporation” regardless of whether it was before or after the change in name.

(B) The construction of the instant apartment is a corporation that has entered into the warranty contract for the construction of the Defendant’s newness. (B) On October 28, 2005, the construction of the Defendant’s newness (hereinafter “instant warranty contract”) entered into a warranty contract with the Defendant’s Guarantee Corporation. The Defendant’s Guarantee Corporation issued a warranty contract with the same content as the details of the contract for the repair of defects, and deposited them from the Defendant’s Guarantee Corporation, which is the authority for the inspection of the execution of the warranty contract. The said warranty contract stipulates that “No guarantee liability shall be imposed for any defects that occurred before the warranty period, and the guaranty creditor shall be changed to the said council of occupants’ representatives when organizing the council of occupants’ representatives under Article 60(2) of the Enforcement Decree of the Housing Act.”

The warranty period of No. 1 0128205-201-0002601 October 28, 2005 to October 27, 2006, 345,861,054 1st year 20128205-201-002602.

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