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(영문) 부산지방법원 2018.11.07 2016가합50965
하자보수금 등
Text

1. The following 2-A among the lawsuits against Defendant C Co., Ltd.

payment in excess of the amount described in the subsection.

Reasons

1. Basic facts

A. The status of the parties is an autonomous management body consisting of 110 households of sectional owners of Class II neighborhood living facilities (A), E-dong commercial buildings (hereinafter “E-dong commercial buildings”), F-dong commercial buildings ( underground 1st, ground 1st, second, household units; hereinafter “F-dong commercial buildings”), G-dong commercial buildings ( underground 1st, ground 1st, second, household units, and hereinafter “G-dong commercial buildings”), and G-dong commercial buildings (hereinafter “G-dong commercial buildings”).

Defendant B apartment reconstruction association (hereinafter “Defendant C”) is the executor who newly constructed and sold each of the above commercial buildings, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is the contractor of the E-dong and Gdong commercial buildings (hereinafter “instant commercial buildings”) among each of the above commercial buildings (Fdong building was constructed by H Co., Ltd.), and Defendant Korea Housing and Urban Guarantee Corporation (hereinafter “Guarantee Corporation”) guarantees Defendant C’s duty to repair the defects of the instant commercial buildings.

B. On June 1, 2012, the Defendant Guarantee Corporation entered into a contract for the warranty of defects with respect to the instant commercial building and the No. 1st inspection No. 1 year from the date of 72,105,374 1 year and 72,105,374 2 year from the date of 3 years and 108,158,065 4 years from the date of 3 years and 54,079,030 from the date of 5 years and 10 years from the date of 5 years and 54,079,030 4 years from the date of 5 years and 54,079,030 1) as the date of 1,2,3,5, and 10 years from the date of the 1st inspection on the warranty of defects of the instant commercial building (hereinafter “the instant warranty contract”).

A) The instant guarantee agreement contains the content that “No guarantee liability shall be imposed on the defects that occurred prior to the period of guarantee, and when the council of occupants’ representatives (including the management body) is organized, the guarantee creditor shall be deemed to have changed to the council of occupants’ representatives.” 2) The instant commercial building is completed and the inspection for the use of the instant commercial building is conducted on June 27, 2012.

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