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(영문) 부산지방법원 2014.12.17 2013가합5308
손해배상(기)
Text

1. The Plaintiff, the Defendant’s mobilization and development of the Defendant Company, KRW 124,132,88, and the Defendant’s Housing Guarantee Company.

Reasons

1. Facts of recognition;

가. 당사자 관계 (1) 원고는 창원시 성산구 신촌동 33-8에 위치한 동원로얄듀크아파트(이하 ‘이 사건 아파트’라고 한다)의 구분소유자들로 구성된 자치관리기구이다.

(2) The Defendant mobilization development is a joint project proprietor and a contractor who jointly constructed and sold the instant apartment complex with the new village apartment reconstruction project association and the instant apartment complex, and the Defendant’s housing guarantee is a person who entered into a defect liability contract with the Defendant mobilization development and the instant apartment complex.

B. (1) On October 10, 2008, the Defendant mobilization and development entered into a contract for the warranty of defects (hereinafter “instant warranty contract”) with respect to the instant apartment with the guarantee and guarantee creditor of the Defendant’s housing as the original market as the content of the contract for the warranty of defects between the Defendants.

Serial No. 222,721,380 won on October 16, 2009 - The Plaintiff was mobilized on October 17, 201, 201 - the Plaintiff’s right to use the apartment market of this case on October 16, 201, 300 won on October 22, 2009 - October 17, 2008 - October 222, 2010 - 300,380 won on October 17, 2008 - the Plaintiff was mobilized on October 17, 201 - the Plaintiff’s right to use the apartment market of this case on October 34, 2016 - KRW 434,082,070 on October 16, 2008 - the Plaintiff’s right to use the apartment market of this case on October 16, 2015 - the Plaintiff’s right to use the apartment market of this case.

C. (1) Subsequent to the commencement of the occupancy of the apartment of this case, defects such as the glass damage and water leakage in the underground parking lot, which is the common part of the apartment of this case, have occurred, and each household, which is the section for exclusive use, and the plaintiff continuously requested the repair of defects from the beginning of the occupancy to the defendant mobilization development at the request of the occupants.

(2) The Defendant mobilization development is from December 7, 2009 to this case.

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