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(영문) 부산지방법원 2014.11.26 2013가합12351
하자보수금 등
Text

1. The Plaintiff, Defendant B Co., Ltd., KRW 212,650,695, and Defendant Construction Mutual Aid Association KRW 61,581,356, out of the amount of KRW 61,368.

Reasons

A. (1) The Plaintiff is an autonomous management organization organized by occupants for the management of 650 apartment units of 6,00 dong, 650 (hereinafter “instant apartment units”).

(2) The Defendant Company is a project implementer who newly constructed the instant apartment and sold it after undergoing a pre-use inspection from the head of the Gu of the Busan Metropolitan City on May 17, 2007.

(3) The defendant association is as follows with the defendant company:

As stated in the subsection, the warranty contract for the apartment of this case was concluded.

B. (1) On June 30, 2003, the Defendant Union entered into a contract for the warranty of defects with the head of the Gu of Busan Metropolitan City, under the following conditions: (a) the Defendant Union bears the responsibility to guarantee the instant apartment in accordance with the Housing Act and the Enforcement Decree thereof; and (b) the guarantee creditor shall be changed to the council of occupants’ representatives if the council of occupants’ representatives is organized. (c) The specific terms and conditions of the contract are as follows.

The term "new apartment construction works (in the instant case, columns, bearing walls)" in the title of the contract and the guarantee period of 11 May 11, 2007 to May 10, 201, 2017 to 303,484,023 from May 11, 2007 to October 10, 2017 to May 10, 201, to 303,484,023 from May 10, 201 to 303,484,023 from May 11, 2007 to May 11, 2007 to May 10, 206,968,0464, from May 204 to 10, 2019 to 404, 205 to 2546, 2065 to 364,546,567,564,567,56,67,5,67, etc.

C. (1) The part to be constructed in accordance with the design drawing when the defendant company constructed the apartment of this case.

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