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(영문) 부산고등법원 2017.01.26 2016나2178
하자보수금
Text

1. The defendant's appeal and the request for return of provisional payment are all dismissed.

2. Costs of appeal and costs of filing an application for the return of provisional payments.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following explanation to the reasoning of the judgment of the court of first instance as to the defendant's assertion in the court of first instance. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's argument in the trial room

A. 1) In order to institute the instant lawsuit, the Plaintiff’s lawsuit is unlawful by filing a lawsuit without a legitimate resolution of the general meeting of its members, even though the need for special authorization. 2) As such, the council of occupants’ representatives held against the project undertaker by the council of occupants’ representatives is the property right belonging to the quasi-total amount of the members of the council of occupants’ representatives. In a case where the council of occupants’ representatives takes over the right to claim the repair of defects and the right to claim damages in lieu thereof from the respective sectional owners, the said right to claim the transfer money is also the property right belonging to the quasi-total amount of the members of the council of occupants’ representatives. Thus, in order for the council of occupants’ representatives to manage and dispose of the right to claim the repair of defects against the project undertaker, the said right to claim the transfer money shall also be

(See Supreme Court Decision 2002Da7333, Jan. 26, 2007). In the instant case, the purport of the entire pleadings is added to the entries in the Health Center and the Evidence No. 15 (including a serial number, if any; hereinafter the same shall apply). The council of occupants’ representatives held on April 26, 2013, which held on the repair of defects, decides to consult with the development of the Sejong Industrial Development Co., Ltd., Ltd. (hereinafter “Sawon Industrial Development”) for the warranty bond and the compensation for damages.

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