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The judgment below
Among them, the part on the claim for defects before the inspection is reversed, and this part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Article 9 (1) of the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 6925, Jul. 18, 2003; hereinafter "former Act") provides that a person who constructs and sells an aggregate building shall be liable for warranty due to defects in an aggregate building by applying mutatis mutandis the provisions on warranty liability of a contractor under the Civil Act to a seller's warranty liability of an aggregate building.
However, if a business entity becomes unable to perform a sale contract due to reasons such as bankruptcy, etc., the guarantor of housing sale shall be liable for the performance of the sale of the relevant house or for the refund of the down payment and the intermediate payment paid, and if the method of performing the guaranteed obligation is determined to be the performance of the sale, the construction work of the relevant house shall be completed and the registration of ownership transfer shall be completed in the future of the buyer after
As such, although a housing purchaser of an aggregate building who has performed a sale contract is not a party to the sales contract, it can be deemed as a person who constructed and sold an aggregate building, since it is not a party to the sales contract, but completes the construction work and implements basic matters of the sales contract, such as usage inspection, approval for use and registration
In addition, the project operator lost the ability to complete the construction work of the relevant house and constructed the building as long as the housing supply obligation in the sale contract is not fulfilled.
Since it is not deemed that the sale of a building or the completion of the sale of a building is not possible, in order to induce the guarantor of the sale of a house who is in charge of construction work to build a safe and solid building without any defects, and to further protect the buyer and the sectional owner who acquired the building from the buyer if the apartment building is constructed insufficiently.