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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The plaintiff is the party to the dispute. 445-5 Samsan-dong, Bupyeong-gu, Incheon Metropolitan City 22 apartment complexes 22 (hereinafter "the apartment of this case").
(2) A project proprietor who constructed and sold the instant apartment complex is the joint contractor who jointly received a contract from the Plaintiff for the new construction of the instant apartment complex from the Plaintiff (hereinafter referred to as the “Defendant 2 Construction”) and the new construction company (hereinafter referred to as the “new construction”), and the new construction company (hereinafter referred to as the “new construction”) is a joint contractor who guarantees the performance of the said joint contractor’s duties as the contractor, and the Defendant 2 is a joint contractor who guarantees the performance of the said joint contractor’s duties, and the Defendant 2 is a defect warranty bond for the execution of the said joint contractor.
B. On June 19, 2003, the Plaintiff entered into a contract with the joint contractor to contract the construction of the instant apartment (hereinafter “instant contract”). On October 21, 2005, the Plaintiff was subject to a pre-use inspection on the instant apartment.
C. The council of occupants’ representatives of the instant apartment complex 1) asserts that there was a defect arising from the non-construction, alteration construction, defective construction, etc. in the section for common use and section for exclusive use of the instant apartment complex. On May 10, 2010, the said council filed a lawsuit against the Plaintiff seeking damages in lieu of the defect repair under the Sungwon District Court Sung-nam Branch 2010Gahap5904, 201. (2) On December 21, 2011, the said court determined that the total sum of the cost of defect repair of the instant apartment is KRW 1,502,389,000, and then the assignment ratio of claims.