The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1.(a)

Article 46 of the former Housing Act (amended by Act No. 9405, Feb. 3, 2009; hereinafter the same shall apply) provides that, under the title of "security liability and defect repair, etc., a project proprietor (including a project owner who has constructed an apartment house for the purpose of parcelling-out with a building permit under Article 8 of the Building Act and a contractor who has performed an act under Article 42 (2) 2; hereafter the same shall apply in this Article)" in paragraph (1) provides that, with respect to the warranty liability for the parcelling-out of a building, the provisions of Articles 67 through 671 of the Civil Act shall apply mutatis mutandis to the inspection date of multi-family housing (referring to the approval date of provisional use where the approval of provisional use is obtained for the whole apartment house within a housing complex) or from the approval date of use of multi-family housing under Article 18 of the Building Act, the head of Si/Gun/Gu may request a serious safety diagnosis institution within the period prescribed by the Presidential Decree to compensate for defects" in paragraph (1).

Meanwhile, Article 59 of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 19935, Mar. 16, 2007; hereinafter the same) provides that "repair of defects by a project proprietor" is stipulated in paragraph (1) below.