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(영문) 서울중앙지방법원 2016.08.18 2014가합505678
하자보수비 등 청구의 소
Text

1. The Plaintiff:

A. As to Defendant Newan Co., Ltd.: KRW 896,027,842 and KRW 101,000,000 among them, Defendant Newan Co., Ltd.

Reasons

1. Basic facts

A. 1) The Plaintiff is the Plaintiff’s status as the party. The Plaintiff is the Plaintiff’s 1,100 households and ancillary facilities (hereinafter “instant apartment”).

For the efficient management and operation of the apartment, the autonomous management body consisting of occupants. 2) Defendant New Draft Co., Ltd. (hereinafter “Defendant New Draft”) is the contractor and the seller of the instant apartment, and the Defendant Housing Urban Guarantee Corporation concluded a warranty contract for the instant apartment.

B. On February 10, 2010, the Defendant New Plan entered into a contract for the warranty of defects and usage inspection 1) as indicated below with the guarantee creditor as to the Defendant Housing and Urban Guarantee Corporation and the new construction of the instant apartment on February 10, 2010 (hereinafter “instant contract for warranty of defects”).

(1) Upon entering into an agreement, the Defendant Housing and Urban Guarantee Corporation issued a warranty bond, and deposited it with the Mayor of Namyang-ju, which is the authority to conduct the inspection of the instant apartment. The details of the warranty bond No. 1 B B B 1 B 2010 to February 27, 2011, the warranty bond No. 535,644,590 2 C 2 C on February 28, 2010 to February 27, 2012, 1,339,111,480 3D 3D on February 28, 2010 to February 27, 2013, 2071, 289, 1824 E on February 28, 2010 to 803, 206, G 205-6, 208, 205-6, 208.

3) On February 26, 2010, Defendant New Airport had undergone a pre-use inspection on the instant apartment, and around that time, as the occupancy of the instant apartment began, the secured creditor of the instant guarantee agreement was changed to the Plaintiff. C. The instant apartment building did not construct the part to be constructed in accordance with the design drawings (approval drawings) due to the error in construction, or was constructed with the defective construction or modified with the design drawings, and thus, the apartment unit and the section for exclusive use of the instant apartment.

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