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(영문) 부산지방법원 2015.08.20 2011가합18867
하자보수금 등
Text

1. The Plaintiff:

A. Defendant vice-young Co., Ltd.: KRW 337,470,191 and its amount from April 5, 2012 to August 20, 2015

Reasons

1. Basic facts

A. Party 1) The Plaintiff is the Plaintiff’s 8-dong 760 households of “Ameo Village Unyoung Apartment,” located in the Cheongju-ri 33-3, Cheongju-ri, Cheonghae-si, Kimhae-si (hereinafter “instant apartment”).

(2) For the management of the apartment of this case, the Defendant father Young-gu Co., Ltd. (hereinafter “Defendant father-gu”) newly constructed the apartment of this case and leased it in accordance with the Rental Housing Act on July 25, 2002 after obtaining approval for use from the Kimhae market, but was converted for sale in lots from October 2008.

3) Defendant Housing Guarantee Co., Ltd. (hereinafter “Defendant Housing Guarantee”).

(B) On August 21, 2008, Defendant father-young concluded a warranty contract for the instant apartment as indicated in the following B with Defendant father-young. (B) On August 21, 2008, Defendant father-young concluded a warranty contract for the instant apartment (hereinafter “instant warranty contract”) with respect to the guarantee of the Defendant’s house and the instant apartment as to the repair of the defects, setting the guarantee creditor Kim Sea Market, the guaranteed deposit amount to KRW 262,030,140, and the guarantee period from August 22, 2008 to July 24, 2012.

2) 이 사건 보증계약의 약관 및 특기사항의 주요내용은 다음과 같다. ◇ 약관 제1조(용어의 정의

4. The term "defect" means a defect according to the classification of facilities subject to repair of defects and the scope of defects and the period of liability for repairing defects in 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 referred to in attached Tables 6 and 7 of the Enforcement Decree of the Housing Act, and the case where the defendant father fails to perform the defect repair without justifiable grounds, notwithstanding the plaintiff's request for defect repair for each type of work.

Article 3 (Contents of Guarantee Liability) The defendant's house guarantee shall arise in the construction of the facility subject to defect repair prescribed in attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

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