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(영문) 전주지방법원 2017.01.11 2014가합3701
하자보수보증금 등
Text

1. The Plaintiff:

A. As to Defendant Boba Construction Co., Ltd, Defendant Boba Construction Co., Ltd, the amount of KRW 487,306,482 and KRW 101,00,000 among them, respectively.

Reasons

Basic Facts

A. 1) The Plaintiff is an autonomous management body consisting of occupants for the management of 10 units, 592 units, “A apartment (hereinafter “A apartment”) which is an aggregate building in the former apartment building in the former North Korea-gun B. The Plaintiff is an executor who acquired the instant apartment construction authority from the Don comprehensive construction company, and sold the instant apartment.

The Defendant Company: (a) set up a comprehensive construction company for the construction of the instant apartment as the construction works for the instant apartment; (b) contracted the instant construction works for the construction of the instant apartment to the comprehensive construction company for the construction of the instant apartment.

3) Defendant Construction Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”)

(B) As a juristic person established pursuant to the Framework Act on the Construction Industry, the Defendant Union guaranteed the obligation to repair the defects of the instant apartment. (B) On August 20, 2007, the Defendant Union concluded a contract for the warranty of defects (hereinafter “the instant warranty contract”) with the term “the Defendant Union shall assume the responsibility to guarantee in the event of the occurrence of the defects stipulated in the Housing Act and the Enforcement Decree of the Housing Act, and if the council of occupants’ representatives is constituted, the guarantee creditor shall be deemed to have changed to the council of occupants’ representatives of the instant apartment.”

The Guarantee Number Guarantee (Defect Security Liability Period) warranty C. 298,038,753 square meters from August 20, 2007 to August 19, 2017, and bearing walls D. 298,038,753 square meters from August 20, 2007 to August 19, 2012, from August 20 to August 19, 2012, and the Plaintiff was composed of the Plaintiff’s council of occupants’ representatives for G-396,07,506 designation from August 20, 207 to August 19, 2010 (3) around 396,07,07,500 to August 207, 209; and the Plaintiff’s council of occupants’ representatives for G-397,385,005, and for G-38,208.

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