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Reasons
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(영문) 서울고등법원 2017.02.24 2015나2058615
하자보수보험금 등
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1.The judgment of the first instance shall be modified as follows:

The Plaintiff, Defendant 1, Korea Land Trust Co., Ltd., is 1,469.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a party to the dispute. The Plaintiff is a party to the dispute, 1,429 households and ancillary facilities (hereinafter “instant apartment”).

(2) The Defendant Korea Land Trust is an autonomous management organization consisting of occupants for the management of the apartment of this case. (2) The executor who constructed and sold the apartment of this case, and the supplementary intervenor of the above Defendant AS Construction Co., Ltd. (hereinafter “SS Construction”) is a company that constructed the apartment of this case by being awarded a contract for the new construction of the apartment of this case from the Defendant Korea Land Trust, and the Defendant Seoul Guarantee Insurance is the company that guaranteed the repair obligation of the apartment of

B. On October 30, 208, Defendant Korea Land Trust concluded a contract for the sale of apartment units and the repair of defects and entered the inspection on October 30, 2008, and thereafter occupied the buyers in the apartment units of this case at that time. The period of warranty bond from October 30, 2008 to October 1, 29, 526, 840, 3522 from October 30 to October 29, 2008 to October 30, 201, and issued the warranty bond from Seoul 206, 840, 3523, 30, 3523, 208 to October 30, 208, 201 to October 30, 201, 206 to 30, 206, 205 to 30, 206, 208.4, 201 to 35, 2018.

3) Since then, the guarantee creditor of each of the instant guarantee contracts was changed from the Gun of Yeongi-gun to the Plaintiff. C. 1) A. S. Construction failed to perform the construction works on the instant apartment in accordance with the design drawings, or revised the construction differently from the defective construction or design drawings.

2. From January 2010, the Plaintiff continuously requested the repair of defects to the SS Construction at the request of the occupants and sectional owners of the instant apartment from January 201.

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