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(영문) 부산지방법원동부지원 2019.01.30 2016가합201
하자보수금등
Text

1. C. The receiver of the rehabilitation debtor C., the plaintiff's taking over of the lawsuit, C.C.

Reasons

1. Facts of recognition;

A. The plaintiff is a party 1) The plaintiff is a A apartment in Suwon-gu, Busan (hereinafter referred to as "the apartment of this case").

(2) Defendant B is an organization composed of sectional owners of the instant apartment in order to manage two units, 299 households, and ancillary facilities. (2) The instant apartment in lots, and Defendant C is a new construction work for the instant apartment in lots.

3) The Defendant Corporation is a corporation with the aim of building and repairing the defects of the housing to guarantee the sale of the housing constructed and supplied by the project undertaker pursuant to the Housing Act, to guarantee the repair of the housing, to guarantee the repair of the defects, and to perform the above guarantee. B. The instant apartment to be approved for the use of the apartment in this case was approved on May 8, 2012. (c) The Defendant Corporation entered into a contract for the repair of the defects with Defendant C on April 24, 2012 as to the instant apartment in this case, the guarantee creditor was changed to the Plaintiff by the Busan Metropolitan City Mayor (the guarantee creditor was changed to the Plaintiff as the Plaintiff was formed thereafter).

) The principal obligor as Defendant C entered into a defect liability contract as indicated below and issued a defect liability bond (hereinafter “instant defect liability bond contract”).

A) Serial Guarantee Period (unit: from May 8, 2012 to May 7, 2013, 137, 137, 588 G 2 G on May 8, 2012 to May 7, 2014 to May 7, 342, 843, 9713 H from May 8, 2012 to May 7, 2015 to May 7, 2015; 274, 275, 1774 I; 75, 706, 3825, 208, 205, 208, 205 to 37, 207, 207, 205, 207, 205, 275, 278, 205, 275, 285, 206, 25, 2012

D. (1) The construction of the apartment in this case did not construct the original part of the apartment in accordance with the design drawing, or changed the construction differently from the defective construction or design drawing. As a result, the construction of the apartment in this case caused the functional, safety, and aesthetic defect to the section for common use and section for exclusive use. (2)

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