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(영문) 부산지방법원 2018.05.02 2016가합3150
하자보수금등
Text

1. The council of occupants' representatives of the plaintiff A apartment, the defendant SBD 163,209,160 won, and the defendant.

Reasons

1. Basic facts

A. The status of the parties 1) The plaintiff A apartment council of occupants' representatives (hereinafter "the plaintiff's representative council")

[Defendant-Appellant] Busan Jin-gu B (178 households, 54 households, hereinafter referred to as “instant building”)

Of the apartment units 178 households (hereinafter “instant apartment”).

A) An autonomous management organization consisting of occupants, etc., and the rest of the Plaintiffs are the officetels part of the instant building (hereinafter “instant officetels”).

2) Defendant SBD Co., Ltd. (hereinafter “Defendant SBD”) is an executor who newly built and sold the instant building, and Korea-Japan Construction Co., Ltd (hereinafter “Korea-Japan Construction”) is the starting construction of the instant building.

Defendant Construction Mutual Aid Association is a company that guarantees the duty to repair defects in the apartment of this case of Hanil Construction.

B. 1) The Defendant Construction Financial Cooperative Co., Ltd. concluded a warranty contract for the instant apartment on August 14, 2003 (hereinafter “the instant warranty contract”) with the head of Busan Jin-si as the guaranty creditor between Han Construction and Han Construction on August 14, 2003, as indicated in the following specifications for the warranty of defects.

In accordance with the Enforcement Decree of the Housing Act and the Housing Act, the guarantee creditor of the instant defect guarantee contract was constituted by the Plaintiff’s council of occupants, and the said guarantee creditor of the instant defect guarantee contract was changed to the Plaintiff’s council of occupants’ representatives. The number of guarantee deposit (the guarantee debt 1 C 91,345,075 from September 30, 201 to September 29, 2016 from September 29, 2016 to September 3 E 182, 690,152 from September 30, 2006 to September 30, 2011; the details of the warranty bond 121,793,439,439,969 to September 30, 2009 to September 30, 2006; and the details of the warranty bond from September 30, 2009 to September 30, 2009 to September 30, 2006.

1. The liability of guarantee under a written guarantee shall be borne by the liability of guarantee only in the event of the occurrence of any defects prescribed by the Housing Act and the Enforcement Decree of the Housing Act;

2. The guarantee liability pursuant to the written guarantee shall be limited to the detailed statement of defect liability guarantee; and

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