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(영문) 서울고등법원 2016.12.08 2014나2000558
손해배상 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 753,617,106 and KRW 745,310,485 among them.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The plaintiff is the Gyeyang-gu Incheon apartment A apartment (hereinafter referred to as "the apartment of this case").

2) The Defendant’s assistant intervenor is an autonomous management body that is organized to manage five households, 255 households. 2) The Handi&C Co., Ltd. (hereinafter “ Handi&C”) is an executor of the instant new apartment construction, and the Defendant’s assistant intervenor is the starting construction of the said new apartment construction.

3) Under the Housing Act, the Defendant is a corporation with the aim of building and repairing the defects of the housing for the purpose of guaranteeing the sale of the housing constructed and supplied by the project undertaker, guaranteeing the repair of defects, and performing the above guarantees. B) The Defendant is a corporation that issued a warranty bond for the defects of the instant apartment to the Defendant’s assistant intervenors. The Defendant, who decided to conclude a warranty contract for the sale of the housing and the performance of the sale of the housing, issued a warranty contract for the sale of the housing for the construction and the sale of the instant apartment to be executed by Handi

(C) On September 4, 2007, the Defendant’s assistant intervenor entered into a defect liability contract (hereinafter “instant defect liability contract”) with the Defendant as the head of Gyeyang-gu Incheon Metropolitan City Administrator, respectively, with respect to the instant apartment as to the instant apartment on the following grounds: (a) when the construction of new apartment was interrupted due to the bankruptcy of Han L&C; (b) the Defendant determined to perform the obligation to sell the relevant apartment in units in accordance with the sale guarantee contract of this case; and (c) the Defendant’s assistant intervenor entered into a defect liability contract (hereinafter “instant defect liability contract”) as indicated below.

The warranty period of No. 1 B B 1 B 207. Sep. 30, 2007 through Sep. 29, 2008 (1 year) 320,237,796 2 C 2 C 320,237, 796 3D 396 September 29, 2007 (2 years) through 480,356, 694 E 4 E 207 Sep. 30, 2010 through 240,178, 3475 F 9, Sep. 29, 2007).

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