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1. As to KRW 128,001,047 and KRW 110,00,000 among the Plaintiff, Defendant Housing Guarantee Co., Ltd., Ltd.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is a party to the instant apartment complex in Daegu-gu, Daegu-dong, 538-1, Dongdong-dong, dong-gu (hereinafter “instant apartment complex”).
(2) The Defendant Eastern Housing is a company that constructed and sold the instant apartment in order to manage eight households and 604 households. (3) The Defendant Eastern Housing is a company that guaranteed the obligation to repair the defects of the instant apartment.
B. On April 19, 2001, the apartment house leased and transferred the apartment house to the Daegu City with the approval of the construction project of the instant apartment on April 19, 2001. On October 4, 2001, the first occupancy period was terminated and five years passed after the sale, and the lease contract was concluded with the occupants on the condition of the lease conversion. On July 8, 2003, the apartment house of this case was inspected by the head of the Daegu-gu Dong head of the Gu and transferred each of the households around that time.
C. On July 30, 2008, the Defendant Eastern Housing Co., Ltd. (1) concluded a contract for the warranty of defects and conversion for sale in lots (hereinafter “instant guarantee agreement”) with the head of the Daegu Dong-dong, the guaranteed bond amount: KRW 128,001,047; and the guarantee period: From September 16, 2008 to July 7, 2013;
(2) The main provisions of the terms of the instant contract are as follows: (a) the apartment building of this case was converted into sale from September 1, 2008 to October 30 of the same year, and (b) the key provisions of the instant contract of guarantee are as follows.
Article 1 (Definition of Terms and Conditions for Repair of Defects)
3. The term "guarantee Creditor" means the authority for usage inspection or the council of occupants' representatives stated in the letter of guarantee. 4. The term "defect" means the classification of the construction subject to defect repair and the scope of the defect and the period of defect repair liability under the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.