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(영문) 서울고등법원 2018.06.27 2017나2036954
손해배상등
Text

1. Of the judgment of the court of first instance, the part against Defendant Newan Construction Industry Co., Ltd. in the judgment is modified as follows:

Defendant.

Reasons

In fact, the Plaintiff is the council of occupants' representatives of the 579 Dong-dong, Gwangju Mine-gu (hereinafter referred to as the “instant apartment”).

Defendant Newan Construction Industry Co., Ltd. (hereinafter “Defendant Newan Construction Industry”) is a company that constructed and sold the instant apartment, and is the seller of the instant apartment at the same time as the buyer of the instant apartment under Article 9 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”), and the Defendant Korea Housing and Urban Guarantee Corporation (the name of Korea Housing and Urban Guarantee Corporation was changed to that of Korea Housing and Urban Guarantee Corporation under Article 4 of the Addenda to the Housing and Urban Fund Act; hereinafter “Defendant Newan Construction Corporation”) guarantees the obligation to repair the defects of the instant apartment of the Defendant Newan Construction Industry.

The Defendant Newan Construction Industry, which entered into a warranty contract and approved for the use thereof, made a guarantee creditor as the head of Gwangju Metropolitan City, Gwangju Metropolitan City, the head of the Si/Gun/Gu. In the event that the Defendant Newan Construction Industry, upon receiving a claim for the repair of defects arising during the warranty period, fails to perform without justifiable grounds even after having undergone the inspection on the use of new apartment construction, the Defendant Newan Construction Industry entered into each of the warranty contracts (hereinafter collectively referred to as the “each of the instant warranty contracts”) as listed in the following table with the content that the Defendant Newan Construction Industry shall perform the repair of defects or pay the expenses for the repair of defects to the guarantee creditor. Under each of the instant warranty contracts, the respective warranty bonds

The warranty period of No. 1 B (won) 1 B from February 10, 2009 to February 9, 2010 to February 530, 2078,850 2 C from February 10, 201 to February 9, 2011; 530,078,850 3D from February 10, 201 to February 9, 2011; 795,118,275 4 E from February 7, 2012 to February 9, 2012; 10 to February 397, 2014 from February 10 to 397, 59, 138, FF 59 to February 5, 2019 to October 37, 2019; 205379; 205.37, May 29, 2005;

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