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(영문) 인천지방법원 2018.01.23 2015가합57269
하자보수보증금 등
Text

1. The plaintiff's lawsuit against Heung Construction Co., Ltd. is dismissed.

2. The Plaintiff:

A. Defendant limited partnership company.

Reasons

1. Basic facts

A. The Plaintiff is a party. 1) The Plaintiff is an apartment building A composed of six Seo-gu 476 households located in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant apartment building”).

2) The Defendant Heavy Construction Co., Ltd. (hereinafter referred to as the “Defendant Heavy Construction”) is a project proprietor who newly constructed and sold the instant apartment, and the Defendant Heavy Construction Co., Ltd. (hereinafter referred to as the “Defendant Heavy Construction”) is a contractor who constructed the instant apartment upon being awarded a contract from the Defendant Heavy Housing and constructed the instant apartment, and the Defendant Heavy Housing Construction Co., Ltd. (hereinafter referred to as the “Defendant Heavy Housing Construction”) guarantees the performance of the obligation to repair the defects in the instant apartment for the construction of the Defendant Heavy Housing Construction.

B. The conclusion of the warranty contract and the pre-use inspection of the apartment of this case 1) The defendant Jung Jung-gu Housing is the guarantee creditor between the defendant Guarantee Corporation and the head of the Incheon Metropolitan City Free Economic Zone Authority on August 25, 2010, and each of the warranty contracts for the apartment of this case (hereinafter "each of the warranty contracts of this case") as shown below as to the apartment of this case.

The Defendant Guarantee Corporation entered into a guarantee agreement and received each guarantee guarantee from the Defendant Guarantee Corporation. [Attachment 1] 1 C 1 C 536,816,2082 D 2 D 1,342,040,523 E 23 from September 18, 2010 to September 17, 2012, the Plaintiff obtained each of the instant apartment units from the Administrator of the Incheon Metropolitan Government 1,073,632,417 F 4F 17, 2010 to September 18, 2011 (one year) 1,342,040,523 E from September 18, 2010 to September 17, 2013 (two years), and the Plaintiff was modified from September 20, 2014 to September 3, 2015 (former Free Economic Zone 2, 2014 to April 18, 2015).

C. In the process of constructing the instant apartment, the defect occurrence and defect repair cost of the instant apartment.

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