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1.The judgment of the first instance shall be modified as follows:
Defendant Non-permanent Housing Co., Ltd. is 581,211,208 won and 208 won to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the party in the position of the parties 1) The Plaintiff is the Gwangju Mine-gu A Apartment (hereinafter “instant apartment”).
In order to manage 7 households of 494, the autonomous management organization consisting of representatives of occupants, etc. (2) the vice-permanent corporation is a company that constructed and sold the apartment of this case, and Defendant vice-permanent housing is a company that was established by dividing the housing business sector from vice-permanent corporation on December 30, 2009.
3) The Defendant Corporation is a corporation that guaranteed the obligation to repair the defects related to the instant apartment. (B) On January 11, 2006, the Defendant Corporation entered into a contract for the warranty of defects (hereinafter “instant warranty contract”) with respect to the Defendant Corporation and the instant apartment, with the guarantee creditor, the head of the mine office, the guarantee creditor, the amount 243,838,637 won, and the guarantee period from May 30, 201 to November 23, 2016, and issued the warranty bond (hereinafter “instant warranty contract”).
2) The column for the special article of the warranty contract issued pursuant to the instant warranty contract states that “No guarantee shall be liable for any defect that occurred prior to the period of the warranty, and when the council of occupants’ representatives is organized pursuant to Article 60(2) of the Enforcement Decree of the Housing Act, the guarantee creditor shall be changed to the council of occupants’ representatives, and the main contents of the terms of the instant warranty contract are as follows. The definitions of the terms used in the terms of the warranty contract are as follows:
4. The term "defect" means the classification of facilities subject to defect repair and the scope of defects and the period of defect repair liability under the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.
5. The term "guarantee accident" means a defect that occurs in a facility subject to defect repair as prescribed in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act, and that occurs within the defect repair liability period for each type of work, notwithstanding a claim by a guarantee creditor for defect repair.