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(영문) 서울중앙지방법원 2015.09.10 2013가합535863
하자보수보증금
Text

1. The Plaintiff:

A. As to the Defendant Korea Land Trust, the amount of KRW 221,039,884 and KRW 101,000,000 among them.

Reasons

Basic Facts

The plaintiff is an autonomous management body that consists of the occupants to manage the A-12 apartment units on the ground B at the time of the Gyeonggi-do Yang-si, 852 apartment units (hereinafter "the instant apartment units").

Defendant Korea Land Trust Co., Ltd. (hereinafter “Defendant Korea Land Trust”) is a project undertaker who constructed and sold the instant apartment, and the Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Supplementary Construction Co., Ltd. (hereinafter “Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor

The Defendant Construction Mutual Aid Association (hereinafter referred to as the “Defendant Mutual Aid Association”) guaranteed the duty to repair the defects in the apartment of this case.

Around August 10, 2005, the Defendant Korea Land Trust Co., Ltd. entered into a contract for the repair of defects (hereinafter “the instant contract”) with the Defendant Union, and issued a guarantee insurance contract deposit with the Defendant Union as indicated below and deposited it with the Yangju Mayor, which is the authority for usage inspection. When entering into the instant contract for the guarantee of defects, the guarantee creditor determined to be changed to the relevant council of occupants’ representatives or the management body when the council of occupants’ representatives or the management body is formed.

From August 10, 2005 to August 9, 2010, the guarantee guarantee amount of the instant apartment was KRW 816,705,540, totaling KRW 408,352,770 from August 10, 2005 to August 9, 2015 and KRW 408,352,770 from August 10, 2005 to KRW 408,352,770 from August 9, 2015. The Defendant Korea Land Trust received a pre-use inspection on the instant apartment from the two main markets around August 5, 2005. Since that time, each of the relevant households of the instant apartment was delivered to the sectional owners. After that time, the Plaintiff, an autonomous management body of the instant apartment, constituted the Plaintiff, the guarantee guarantee creditor of the instant apartment, was changed to the Plaintiff.

The Intervenor joining the Defendant shall perform the new construction of the apartment in this case.

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