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Defendant’s KRW 213,956,895 and KRW 201,00,00 among the Plaintiff’s KRW 213,956 and KRW 12,956,895 from December 25, 2018.
Reasons
1. Facts of recognition;
A. The plaintiff is a party 1) A apartment in Jung-gu Seoul Metropolitan Government B (hereinafter referred to as "the instant condominium building").
(2) A corporation (hereinafter referred to as “C”) is an autonomous management body composed of occupants to manage 15 households and 895 households. (2) A corporation (hereinafter referred to as “C”) is a company that built the instant aggregate building by being awarded a contract to the D Housing Redevelopment Development and Improvement Project Association, a developer and a seller.
3) The Defendant (titled before the change: the Korea Housing Guarantee Company; hereinafter “Defendant”).
B) The instant condominium is a company that guarantees C’s obligation to repair defects. (B) On November 1, 201, the Defendant concluded a contract with C to pay a warranty bond within the scope of the period and amount as indicated in the following table to the head of the Si/Gun/Gu among the guaranty creditors (hereinafter “instant warranty contract”) and issued a warranty bond accordingly, even if any defects prescribed in the former Housing Act (amended by Act No. 11555, Dec. 18, 2012; hereinafter “former Housing Act”) and the Enforcement Decree of the same Act have occurred with respect to the instant aggregate building.
The Guarantee Form No. 1 E 1,125,308,000 between the guarantee certificate and the guarantee certificate No. 1 E 1,125,308,00 on December 13, 201, 201; F. 900,246,400 on December 13, 2011; G 675,184,80 on December 3, 2014; 80 on December 13, 2011; H675,184,80 on December 4, 2015; h.675,184,80 on December 13, 201; hereinafter the same shall apply in the Guarantee Agreement No. 1135, Dec. 13, 2011; hereinafter the same shall apply to the Guarantee Agreement No. 13583, Dec. 13, 2016;
If a guarantee creditor is organized, the guarantee creditor shall be changed to the council of occupants' representatives.
As above, the Plaintiff, an autonomous management body of the instant condominium after the conclusion of the instant guarantee agreement.