Among the part of the judgment below against the plaintiff, the defects in the first, second, and third years after the use inspection.

1. The plaintiff's grounds of appeal are examined. A.

1) The former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 6925 of July 18, 2003) (amended by Act No. 6925 of July 18, 2003) is referred to as the “former Act on the Ownership and Management of Aggregate Buildings” (hereinafter referred to as the “former Act on the Ownership of Aggregate Buildings”).

Article 9 (1) applies mutatis mutandis to the warranty liability of the seller of an aggregate building to a person who constructs and sells an aggregate building by applying mutatis mutandis the provisions on warranty liability of the contractor for an aggregate building.

However, if a business entity becomes unable to perform a sale contract due to reasons such as bankruptcy, etc., the guarantor of housing sale shall be liable for the performance of the sale of the relevant house or for the refund of the down payment and the intermediate payment paid, and if the method of performing the guaranteed obligation is determined to be the performance of the sale, the construction work of the relevant house shall be completed and the registration of ownership transfer shall be completed in the future of the buyer after

As such, although a housing purchaser of an aggregate building who has performed a sale contract is not a party to the sales contract, it can be deemed as a person who constructed and sold an aggregate building, since it is not a party to the sales contract, but completes the construction work and implements basic matters of the sales contract, such as usage inspection, approval for use and registration

In addition, the project operator lost the ability to complete the construction work of the relevant house and constructed the building as long as the housing supply obligation in the sale contract is not fulfilled.

Since it is not deemed that the sale of a building or the completion of the sale of a building is not possible, in order to induce the guarantor of the sale of a house who is in charge of construction work to build a safe and solid building without any defects, and to further protect the buyer and the sectional owner who acquired the building from the buyer if the apartment building is constructed insufficiently.