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(영문) 서울고등법원 2012.10.17 2011나97029 (2)
하자보수금 등
Text

1. Of the judgment of the first instance court, the part against the Defendants in the judgment is modified as follows.

The plaintiff (1) is the defendant.

Reasons

1. Basic facts

A. (1) The Plaintiff is comprised of 4 units of apartment houses with 309 Dong-dong, 268 households of apartment houses, 12 households of officetels, and 29 households of commercial buildings, including Dong Government-si B apartment houses (multi-family housing), officetels (business facilities), and commercial buildings.

(hereinafter referred to as the “instant apartment”) is an autonomous management body organized by occupants pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Act on the Ownership and Management of Aggregate Buildings”) to efficiently manage and operate the apartment.

(2) The Codefendant Co., Ltd. in the first instance trial (hereinafter “AWD”) is the seller of the instant apartment as the executor of the instant apartment, and the Defendant Hand Construction Co., Ltd. (hereinafter “Defendant Hand Construction”) is the contractor of the instant apartment, and the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”) is the following B.

The guarantor under the warranty contract for the apartment of this case, such as the paragraph, shall be the guarantor.

B. (1) On October 31, 2005, Defendant Han-do Construction entered into a contract for the repair of defects (hereinafter “each guarantee contract of this case”) with respect to the apartment of this case with the guarantee creditor as the government market between the Defendant Seoul Guarantee Insurance and the Defendant Seoul Guarantee Insurance and entered into a contract for the repair of defects (hereinafter “each guarantee contract of this case”) as stated below, and issued each written contract for the repair of defects.

[Attachment 1] Details of contract for defects : Guarantee period (unit amount: hereinafter the same shall apply) No. 182,473,000,369,000 apartment house deposit from November 1, 2005 to November 30, 2006; 23,695,000; 223,537,000 from November 1, 2005 to November 30, 2007; 182,473,000,369,000,000 from November 30, 2005 to November 30, 207;

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