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(영문) 서울남부지방법원 2015.11.27 2014가합112065
하자보수보증금청구
Text

1. The Defendant’s KRW 9,00,724 as well as the Plaintiff’s KRW 5% per annum from November 27, 2014 to November 27, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff is the party to the dispute. The Plaintiff is an old-gu Dogwon-ro 46 (hereinafter “the apartment of this case”).

(2) The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a project proprietor who constructed and sold the instant apartment, and the Defendant entered into a contract for defect liability regarding the defect repair of the instant apartment between the Intervenor and the Intervenor.

B. 1) On December 20, 2004, the Defendant entered into a contract for the repair of defects and approved for use thereof. On December 20, 2004, the Defendant entered the guarantee creditor into a contract for the repair of defects (hereinafter “instant guarantee agreement”) with the Intervenor as the Guang market and entered the following [Attachment 1].

A) A contract was concluded, and the Defendant issued a guarantee under the instant guarantee agreement. [Attachment 1] The Defendant issued a guarantee certificate for the use of the instant apartment on November 20, 2004 after the completion of the new construction of the instant apartment on the following grounds: (a) the details of the guarantee certificate for the issuance of the warranty bond, No. 0128204-201-005905, Nov. 247, 281, 750, Nov. 2004, to Nov. 19, 2004; and (b) the king market following the completion of the construction of the instant apartment, which was the autonomous management organization of the instant apartment, succeeded to the Plaintiff’s right under the instant guarantee agreement.

C. A defect occurred in the apartment of this case and the previous case 1) The intervenor newly constructed the apartment of this case and constructed the apartment of this case, which caused a defect in the co-owned part and the section for exclusive use. Accordingly, the apartment of this case caused an obstacle to the function, aesthetic view, or safety in the apartment of this case. 2) The plaintiff transferred the right of compensation for damages in lieu of the repair of the defect from the sectional owners of the apartment of this case to the defendant and the intervenor (hereinafter "the defendant, etc.") on November 16, 2005, instead of the defect repair in this court.

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