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(영문) 대구지방법원 2015.06.26 2013가합202162
보증금반환
Text

1. The Plaintiff:

A. As to KRW 414,935,057 and its KRW 100,00,000 among the Defendant vice-ju Co., Ltd., the Defendant vice-ju (hereinafter “Defendant vice-ju”), January 19, 2013.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is Hosan City B apartment (11 Dong Dong, 966, hereinafter “instant apartment”).

(2) In order to manage the apartment of this case, the subsidiary management body of the Defendant, Inc., Ltd. (hereinafter “Defendant father management”) is a project proprietor who newly constructed the apartment of this case and sold it to occupants, and the Defendant Korea Housing Guarantee Co., Ltd. (hereinafter “Defendant Housing Guarantee Co., Ltd.”) is a person who has entered into a warranty contract with the Defendant father management company for the apartment of this case.

B. 1) On January 1, 2006, Defendant Young-young concluded each contract for the warranty of defects as shown in the following table 1 (hereinafter “each guarantee contract of this case”) with respect to the Defendant’s housing and the apartment of this case.

A. The warranty period of the instant warranty liability period of June 30, 2006 to June 30, 2006, to June 29, 2007, to June 30, 2006, to June 63, 2007, to June 646, 928, to June 29, 2008 to June 30, 2006, to June 30, 2008 to June 95, 200, to June 30, 2009 to June 30, 2006 to June 30, 2006 to June 30, 2006, to which the warranty creditor applied the warranty liability of the instant case within the warranty liability period of each of the instant warranty liability period of the instant case.

3) On June 16, 2006, the apartment of this case had undergone a pre-use inspection from the Si of Busan, and thereafter, the guarantee creditor of each of the instant apartment of this case constituted the Plaintiff and the guarantee creditor of each of the instant guarantee contracts was changed to the Plaintiff in the Si of Busan. (C) Defendant father-young did not construct the part to be constructed in accordance with the design drawings regarding the instant apartment, or changed differently from the defective construction or design drawings.

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