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(영문) 부산지방법원 동부지원 2018.03.29 2016가합621
하자보수금등
Text

1. The plaintiff

A. As to the Defendant Sejong Co., Ltd. 265,720,758 won and 201,000,000 won among them, 265,720,758 won.

Reasons

1. Facts of recognition;

A. Status 1 of the parties concerned) The Plaintiff is a A apartment located in Ulsan-gu, Ulsan-gu B (hereinafter “instant apartment”).

(2) In order to manage one unit of 109 households, Defendant Sejong Co., Ltd. (hereinafter “Defendant Sejong”) is a project proprietor who constructed and sold the instant apartment, and the Hywd Construction Co., Ltd. (hereinafter “Hywd Construction”) is a company that executed the instant apartment construction after being awarded a contract from Defendant Sejong Co., Ltd. for the construction of the instant apartment from the said apartment.

3) The Defendant Housing and Urban Guarantee Corporation (the name of the Korea Housing and Urban Guarantee Corporation pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act was changed to the Korea Housing and Urban Guarantee Corporation; hereinafter “Defendant Guarantee Corporation” regardless of whether the name was changed or before.

B) The purpose of this contract is to guarantee the sale of the housing built and supplied by the project proprietor under the Housing Act and to guarantee the repair of defects, etc.

The guarantee creditor of each of the instant guarantee contracts was changed to the Plaintiff. The guarantee creditor of the instant guarantee contracts was 12,940,870 as of the date of the usage inspection for the first five years from the date of the first 1 C usage inspection, and 12,940,870 totaling 225,881,740 from the date of the first 1 C usage inspection.

C. The instant apartment, which was inspected on September 28, 2009, was undergone a pre-use inspection with respect to the instant apartment, and at the same time, it was not constructed in accordance with the design drawings during the construction of the instant apartment, or modified at will, or different from the design drawings.

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