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(영문) 서울고등법원 2016.12.16 2016나2034098
하자보수보증금 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a person who constructed and sold a 10-dong 643 apartment complex (lease 395 households, parcelling-out 248 households, hereinafter “instant apartment”) located in Gangseo-gu Seoul Metropolitan City, Gangseo-gu 17-ro 71, Gangseo-gu.

B. The conclusion of the contract and the completion of the new construction of the apartment in this case 1) Construction Co., Ltd. (the trade name after the alteration: T&C Construction Co., Ltd.; hereinafter “T&C Construction”)

) Dong Construction Co., Ltd. (hereinafter referred to as “Dong Construction”)

(2) In the instant apartment construction project, the co-defendant Bo Young Construction Co-Defendant Bo Young Construction Co-Defendant, Ltd., Ltd. (hereinafter referred to as the “Yan Construction”) of the first instance trial completed the instant apartment construction project under a joint contract with the Plaintiff, and the Co-Defendant, Co-Defendant, Ltd., Ltd., Co-Defendant, Ltd., Ltd. (hereinafter referred to as the “Co-Defendant,”) of the first instance trial (hereinafter referred to as the “Co-Defendant,”)

3) With respect to the instant apartment, the Plaintiff obtained approval for the use on September 16, 2008. (c) From October 1, 2008 to September 30, 2009, the term of validity of the contract for the repair of defects until October 1, 2008 to September 30, 2009, 147,513,590 until September 1, 2008 to September 30, 201, the Defendant concluded the contract with the Defendant as to the repair of defects between October 1, 2008 and September 30, 201, from October 1, 2008 to September 30, 206 to September 30, 201, the term “from October 1, 2074, 964 to September 30, 205, 208 to June 15, 2005 to June 16, 2018.”

D. The Plaintiff and the council of occupants’ representatives of the instant apartment complex 1) incurred defects, such as rupture, water leakage, and water quality due to defective construction, in the section for common use and section for exclusive use of the instant apartment complex.

The plaintiff continuously demanded the repair of defects to each of the construction works of the apartment of this case, but the repair was not made properly.

2. The apartment of this case.

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