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(영문) 서울남부지방법원 2015.06.19 2013가합12908
하자보수에갈음하는손해배상 등
Text

1. The plaintiff's lawsuit against the defendant Han-chul is dismissed.

2. The Plaintiff:

A. The defendant corporation.

Reasons

1. Basic facts

A. The plaintiff is a party to the dispute 1) A apartment located in Gunsan City B (hereinafter referred to as "the apartment of this case").

(2) In order to manage the 332 units and ancillary facilities of the 4th unit, the management body consisting of the occupants is an autonomous management body. 2) Defendant DawM Co., Ltd. (hereinafter “Defendant HawM”) is a juristic person that constructed and sold the instant apartment, and Defendant Hawd Co., Ltd. (hereinafter “Defendant Hawd”) is a juristic person that constructed and sold the instant apartment, under contract for the new construction of the instant apartment, and the Defendant Korea Housing Guarantee Co., Ltd. (hereinafter “Defendant Hawd”) is a juristic person that entered into a warranty contract for the apartment of this case with Defendant

B. On November 25, 2008, the Defendant Han-han Co., Ltd. (1) concluded a contract for the repair of defects and approval for the use thereof) each contract for the repair of defects (hereinafter collectively referred to as “each guarantee contract of this case”) including the following [Attachment 1] between the Defendant Han-han Housing Guarantee and the military market for the repair of defects:

Upon the conclusion of each of the instant contracts, the Defendant’s Housing Guarantee was issued with each of the respective warranty guarantees. [Attachment 1] The Guarantee letter No. 1 C 476,839,350 from November 21, 2008 to November 20, 2009 (1 year) 2D 476,839,350 from November 21, 2008 to November 20, 201, the Plaintiff succeeded to the Plaintiff’s right to use the apartment house No. 3715,259,025 from November 20, 208 to November 20, 2010 (2 years), each of the instant autonomous management body No. 3715,025 from November 21, 2008 to November 20, 2011 (3 years), and the Plaintiff succeeded to the Plaintiff’s right to use the apartment house No. 10357,629, May 13, 2015.

C. The Defendant Han-ra newly constructed the instant apartment, which was the cost of repairing defects and repairing defects, thereby doing erroneous construction, non-construction, modified construction, etc.

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