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(영문) 서울중앙지방법원 2017.01.26 2014가합593637
하자보수금 등
Text

1. The plaintiff's lawsuit against the defendant SK Construction Co., Ltd. is dismissed.

2. The Plaintiff:

A. Defendant.

Reasons

Facts of recognition

The plaintiff is an autonomous management organization consisting of occupants to manage five row houses A (101 dong, 102 dong, 103 dong, 201 dong, 202 dong, 202 dong) 28 households (12 households, 2 complex 16 households, 202 dong, hereinafter referred to as the "house of this case").

The Defendant Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) is a project proprietor who constructed and sold 12 units of one complex among the instant housing units, and the Defendant Han Assets Trust Co., Ltd. (the trade name on December 5, 2013 was changed from the “One Asset Trust” to the “One Asset Trust for a Stock Company; hereinafter “One Asset Trust”) is a project proprietor who constructed and sold 2 complex and 16 units of 2 complex of the instant housing units.

Defendant SK Construction Co., Ltd. (hereinafter “SSK Construction”) is a new construction contractor of the instant housing by being awarded a contract with the Defendant’s land trust or one asset trust for the construction of the instant housing.

Defendant Construction Mutual Aid Association is a partnership that guarantees the duty of repairing defects in relation to the instant housing.

On December 7, 201, Defendant Construction Mutual Aid Association, which entered into a warranty insurance contract, entered into a warranty contract with Defendant Construction Mutual Aid Association (hereinafter “instant warranty contract”) with the guaranty creditor as to the instant housing on December 7, 201, and concluded a warranty contract with the content that Defendant Construction Mutual Aid Association will perform the repair of defects instead of Defendant Construction Mutual Aid Association or pay the security deposit equivalent to the cost of defect repair in the defect warranty period, even if Defendant SK Construction was requested to perform the repair of defects arising during the defect warranty period after undergoing a pre-use inspection on new housing construction.

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