(영문) 서울중앙지방법원 2017.05.10 2016가합509636

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(영문) 서울중앙지방법원 2017.05.10 2016가합509636

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1. Defendant Heavy Construction Industry Co., Ltd.: (a) KRW 393,622,303 to the Plaintiff; and (b) January 15, 2016 to May 10, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. Status 1 of the parties ) The Plaintiff is the Seo-gu, Seo-gu, Gwangju (hereinafter “instant apartment”).

In order to manage 7 units of 669 households, the autonomous management body consisting of representatives of occupants, etc. (2) Defendant Heavy Construction Industry is a project proprietor and a contractor who constructed and sold the instant apartment, and Defendant Heavy Construction is a corporation that guaranteed the obligation to repair defects in the instant apartment.

B. From January 20, 2006 to January 19, 2007 (1 year) 331,717,320 2 C 331,717,320 up to January 20, 206 to January 19, 2008 (2 years) 331,717,3203D 497,575,980 to January 19, 209 (3 years), and each of the guaranty creditors of this case as to the construction and guarantee contracts of this case (5 years) from January 20 to January 20, 2006 to January 19, 2009 to June 16, 200 to June 19, 2006 to June 19, 2006 to June 248, 2011 to June 18, 2016 to June 19, 2016 (206).

(2) The special clause of each contract for the repair of defects issued pursuant to each of the instant contracts states that "no guarantee shall be liable for any defect that occurred before the term of the guarantee, and the guarantee creditor shall be changed to the council of occupants' representatives when the council of occupants' representatives is organized pursuant to Article 60 (2) of the Enforcement Decree of the Housing Act, and the main contents of each of the terms of each of the instant contracts for the repair of defects are as follows.

The definitions of terms used in Article 1 (Definition of Terms) of the Terms and Conditions of the Contract for Repair of Defects shall be 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 incident" means any of the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

참조조문

-주택법 시행령

-주택법 시행령 제60조 제2항

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