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(영문) 부산지방법원 2018.10.17 2016가합47693
하자보수금 등
Text

1. The Plaintiff:

A. Defendant B reconstruction association is KRW 1,335,957,370, and Defendant C is with Defendant B reconstruction association.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization consisting of occupants for the management of the 840 household unit of Busan Jin-gu A (hereinafter “the apartment of this case”). Defendant B reconstruction Association (hereinafter “Association”); the president D, the representative of the Association, died on June 13, 2014 and was not appointed separately by the president of the Association; thus, E, the director of the Association, among the directors, was a joint executor who newly constructed and sold the apartment of this case with Defendant C Co., Ltd. (hereinafter “C”); and Defendant C is a joint executor and a joint executor of the instant apartment of this case.

The Defendant Housing and Urban Guarantee Corporation (hereinafter referred to as the “Guarantee Corporation”) is a company that guarantees Defendant C’s obligation to repair defects in relation to the apartment of this case.

B. On August 10, 2006, Defendant Guarantee Corporation entered into a contract for the warranty of defects and usage inspection on the instant apartment (hereinafter “instant warranty contract”) with Defendant C and the instant apartment for the ten-year defect of the instant apartment, the warranty period of which is from August 29, 2006 to August 28, 2016 (hereinafter “instant warranty contract”).

(2) The instant apartment was completed on August 29, 2006.

After that, as the Plaintiff, which is an autonomous management body of the apartment of this case, is organized, there is no liability to guarantee the defects that occurred before the term of guarantee, and when the council of occupants' representatives is organized under Article 60 (2) of the Enforcement Decree of the Housing Act, the guarantee creditor of the contract of this case was changed from the council of occupants' representatives to the council of occupants' representatives, and the guarantee creditor of the contract of this case

C. 1 The Defendant Cooperative is an executor of the instant apartment complex as the executor of the instant association, claiming the occurrence of defects and the performance of defects.

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