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(영문) 서울고등법원 2015.03.26 2014나51079
하자보수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Status 1 of the parties) The Plaintiff is a A apartment (7 Dong Dong Dong 640, hereinafter “instant apartment”) on the ground of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

(2) In order to manage the apartment of this case, the Defendant is a project proprietor who constructed and sold the apartment of this case, and the wallsan Construction Co., Ltd. (hereinafter referred to as the “ wallsan Construction”) is a new construction work of apartment by being awarded a contract with the Defendant for the new construction work of apartment of this case.

B. 1) Co-Defendant Construction Mutual Aid Association of the first instance trial (hereinafter “Construction Mutual Aid Association”)

A) Around December 18, 2002, a contract for the repair of defects was concluded with the construction mutual aid association, and the said contract was deposited with the head of Dongdaemun-gu Seoul Metropolitan Government, the authority for the inspection of defects. In addition, where the council of occupants' representatives or the management body was composed of the guarantee creditor, the guarantee creditor was replaced by the order of the council of occupants' representatives by the contract number or the project name, the guarantee creditor, and other 1f. 24 December 24, 2002 to December 23, 2007, the floor, roof, 250,536, 6415 to December 24, 2002 to December 23, 2012 to the management body of the said apartment, and each of the above sectional owners was replaced by the approval for the repair of defects from the date of the said contract to the date of the provisional construction of the said apartment, and the approval for the use of the said apartment to the said management body from the date of the above construction of the Plaintiff.

The usage inspection on the apartment of this case was conducted on June 2003.

C. In the construction of the new apartment of this case, the construction of the 1st apartment of this case does not construct the part to be constructed according to the design drawing or defective construction.

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