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(영문) 울산지방법원 2020.05.14 2019나388
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. In around 2004, the network D (hereinafter “the network”) was the owner of the building in Ulsan-gu B (a total of eight households multi-unit housing; hereinafter “instant multi-unit housing”) and the contractor and newly constructed the instant multi-unit housing with E Co., Ltd. on November 3, 2004 (hereinafter “E”) and entered into a warranty insurance contract that compensates for the total amount of KRW 15,340,000,000, when any defect occurs within the warranty period stipulated in the Housing Act.

B. On November 5, 2004, approval for the pre-use inspection of the instant multi-family housing was completed.

C. Around March 2007, E, upon receiving a claim for defective insurance proceeds from the occupants of the instant apartment, set KRW 12,270,000 as the defect repair settlement amount after going through the on-site inspection of the defects of the instant apartment house. On March 14, 2007, E paid KRW 12,270,000 to the Plaintiff (owner of the instant apartment house F) who represented the occupants at the time of March 14, 2007.

At the time, the Plaintiff prepared and delivered the receipt (hereinafter “the receipt of this case”) to E, and the above receipt contains the following: “The insurance money was received without being covered by the insurance accident against the foregoing insurance contract; when it is proved that there was no right to receive the insurance money due to the violation of the insurance terms and conditions, statutes, or any other reason, all of the liability was borne; and when the remainder remains, the details of the defect repair after the completion of the defect repair are notified to the policyholder who is the owner of the building; and when the remainder remains, the Plaintiff shall return the insurance money, and sign and seal thereon

After receiving the above insurance money, the Plaintiff spent KRW 2,101,300 to cover the cost of repairing defects, such as rooftop waterproof construction of the instant multi-family housing.

E. On October 13, 2015, occupants of the instant collective housing form the Defendant B’s representative council (hereinafter “Defendant B’s representative council”) and elected Defendant C as the representative.

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