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(영문) 서울중앙지방법원 2016.11.10 2014가합530698
하자보수 보증금 등 청구
Text

1. The plaintiff's lawsuit against the defendant Samsung Heavy Industries Co., Ltd. is dismissed.

2. The Plaintiff:

A. The defendant corporation.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is Kimpo-si A apartment (hereinafter “instant apartment”).

(2) In order to manage the apartment of this case, the Defendant Yang Ho Co., Ltd. (hereinafter “Defendant Yang Ho”) is a company that newly constructs and sells the apartment of this case, and for this purpose, the truster is the Defendant Yang Ho and the trustee is a company that entered into a management-type land trust agreement (hereinafter “instant trust agreement”) with the Defendant Yang Ho and the trustee as the Defendant Yang Ho real estate trust.

3) Defendant Samsung C&T Co., Ltd. (hereinafter “Defendant Samsung C&T”) is a business entity that entered into the instant trust agreement and constructed and sold the instant apartment.

(4) The Defendant Korea Housing and Urban Guarantee Corporation (Korea Housing and Urban Guarantee Corporation pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act, the name of Korea Housing and Urban Guarantee Corporation was changed to the Korea Housing and Urban Guarantee Corporation; hereinafter “Defendant Housing and Urban Guarantee”), regardless of whether it was before or after the change of the name, guaranteed the obligation to repair the defects of the apartment of this case by Defendant Samsung C&T.

B. Around February 9, 2012, Defendant Samsung C&T entered into a warranty contract and approval for use thereof. Around February 9, 2012, Defendant Samsung C&T entered each of the following specifications into a warranty contract with the Defendant’s housing city guarantee and deposited it with the Kimpo-si Mayor, the authority for usage inspection. Each of the above warranty contracts determined that “No guarantee is liable for any defect incurred prior to the warranty period, and the guaranty creditor is changed to the said council of occupants’ representatives when organizing the council of occupants’ representatives under Article 60(2) of the Enforcement Decree of the Housing Act.”

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