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(영문) 서울중앙지방법원 2017.05.25 2015가단5233046
하자보수보증금 등
Text

1. For the construction of the defendant Jami Industry Co., Ltd., Ltd., Da 3, from among the Appointors listed in the plaintiff (Appointed Party) B, C, and the annexed list D.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of the statements in Gap evidence 1, 4, and 5 (including paper numbers), Eul evidence 1, the results of the appraiser G’s appraisal, and the entire purport of the pleadings:

The construction of the defendant Jami Industry Co., Ltd. is a company that constructed an apartment A apartment (Urban Life Studio-type apartment) in Bupyeong-gu, Incheon (hereinafter “the apartment of this case”) and sold the apartment after undergoing a pre-use inspection on August 27, 2013.

B. The apartment of this case is an aggregate building with the total floor area of 3141.61m2 composed of 48 sections for exclusive use and common use.

C. The Plaintiff (Appointed Party), B, C, and the designated parties listed in the separate sheet (hereinafter referred to as “the instant designated parties”) together with the designated parties are sectional owners who own each section of exclusive ownership of the instant apartment as indicated in the separate sheet of “water,” as stated in the separate sheet of “compensation,” respectively.

However, the attached list No. 3 D and 8 are International Trust Co., Ltd., and the 10th F is trustor who entrusted his section of exclusive ownership in the Rose of Sharon Trust Co., Ltd., and the 26th H and 27th apartment of this case respectively are 1/2 equity right holder of the apartment of this case, and the 48 J and 49 are 1/2 equity right holder of the apartment of this case.

On or before August 23, 2013, the construction of Daei Industrial Co., Ltd. provides that the council of occupants' representatives or the management body of the apartment of this case shall determine the Defendant Seoul Guarantee Insurance Co., Ltd. and the respondent as the council of occupants' representatives or the management body of the apartment of this case and compensate the guarantor for any loss incurred by the guarantor due to the failure to perform the construction of Daei Industrial Co., Ltd., even though it received a request for repair or supplement of the apartment of this case after the completion inspection, (1) guarantee amount of 6,496,210 won, guarantee period from August 29, 2013 to August 28, 2014; (2) guarantee amount of 16,240,530 won, guarantee period of 12,92,420 won, guarantee period of the apartment of this case from August 29, 2013 to August 29, 2016.

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