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(영문) 서울남부지방법원 2015.06.26 2013가합102177
손해배상(기)
Text

1. Defendant B Co., Ltd.: (a) with respect to KRW 310,685,414 among the Plaintiff and KRW 101,00,000 among the Plaintiff, from May 7, 2013 to the Plaintiff; and (b) on May 7, 2013.

Reasons

1. Basic facts

A. 1) The plaintiff is a party to the dispute. A 91 household and ancillary facilities in Seo-gu Incheon, Seo-gu, Incheon (hereinafter "the apartment of this case").

In order to manage the apartment complex, Defendant B is an autonomous management body composed of its occupants. (2) Defendant B is a new construction work of the apartment complex in this case after being awarded a contract for the construction work of the new apartment building from the DNA Housing Reconstruction Project Association (hereinafter “the instant association”) that newly built and sold the apartment complex in this case, and Defendant B guaranteed Defendant B’s housing guarantee obligation to repair the defects of the apartment complex in this case.

B. (1) On November 5, 2008, Defendant B entered into a contract for the repair of defects (hereinafter “each contract for the repair of defects in this case”) as indicated in each contract for the repair of defects (hereinafter “each contract for the repair of defects in this case”) between the Defendant’s housing guarantee and the Defendant’s housing guarantee as to the instant apartment as the head of Seo-gu Incheon.

Article 1 subparag. 5 of the Housing Act provides that the guarantee obligee shall pay the guarantee obligee the performance of the defect repair or the obligation to pay the cost of the defect repair when the guarantee obligee fails to perform the defect repair without any justifiable reason, as to the defect that occurred in the construction of the facility subject to defect repair prescribed in attached Tables 6 and 7 of the Enforcement Decree of the Housing Act, notwithstanding the guarantee obligee’s claim for the defect repair of each type of work. Article 3 provides that the guarantee obligee shall be deemed to be changed from the head of Seo-gu Incheon Metropolitan Government to the council of occupants’ representatives if the guarantee obligee of the apartment of this case is organized. The guarantee obligee shall be deemed to have been changed from the head of Seo-gu Incheon Metropolitan Government to the council of occupants’ representatives (the guarantee obligee is the first guarantee period of 1 E75,802, 134, Nov. 30, 2008 to 75, 802, 1302, 204 to 10.31, 2015 to 131.

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