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(영문) 수원지방법원 2018.09.19 2015가합64936
하자보수금 등 청구의 소
Text

1. The Plaintiff:

A. In the case of the construction of marine minerals by Defendant Corporation, KRW 172,787,160 and its related construction shall be from June 27, 2015 to September 19, 2018.

Reasons

1. Basic facts

A. 1) The parties to the dispute are 52-21 (Sttak Doll, Jeju Jeju Jeju Jeju Jeju High School) located in the Ytak Doll 52-21 (Sttak Doll Doll, Jeju High School) with four total of 226 households (hereinafter the above apartment is referred to as the “instant apartment”).

(2) The Plaintiff is an autonomous management organization organized by occupants for the management of the instant apartment. (2) Defendant Mine Construction is a project undertaker who constructed and sold the instant apartment, and the Defendant’s housing guarantee against the Defendant.

As stated in paragraph (1), it is a corporation that has entered into a warranty insurance contract for the apartment of this case with Defendant Mine Construction.

B. On October 29, 2010, the guarantee of the Defendant’s housing insurance contract concluded each of the warranty insurance contracts with the content of the Defendant’s mining construction and the insured as the Osan market (hereinafter “each of the warranty insurance contracts of this case”) and issued the guaranty insurance policy.

After that, the Plaintiff, an autonomous management organization of the apartment of this case, was organized, the right of the insured under each of the guaranteed insurance contracts of this case was succeeded to

50,451,910 from September 6, 201 to September 5, 2011, 250,451, and 910 from September 6, 201 to September 5, 201, 250,457,865 from September 6, 2010 to September 5, 201, 385,67, 8654 from September 6, 2010 to September 5, 201, respectively;

C. The instant apartment was approved on October 29, 201, including the approval for use of the instant apartment and the occurrence of defects.

However, the part of the apartment of this case to be constructed in accordance with the design drawing (the as-built drawing) was not constructed or the apartment of this case was constructed differently from the design drawing. Thus, there was a defect in the section for common use and section for exclusive use of the apartment of this case. Accordingly, the function and landscape of the apartment of this case are as follows.

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