1.The judgment of the first instance shall be modified as follows:

The plaintiff's lawsuit against defendant Gosan Construction Co., Ltd. is 1,92.

1. Basic facts

A. The status of the parties (1) The Plaintiff is an autonomous management organization comprised of occupants for the management of the 1,248 household units and ancillary facilities (hereinafter “instant apartment”).

(2) Defendant 2 Construction is the contractor who completed the construction of the instant apartment by being awarded a contract for the new construction of the instant apartment from the B apartment house reconstruction and improvement project association (hereinafter “BS”) and the Defendant Construction Mutual Aid Association is the one who entered into a warranty contract with Defendant 2K Construction as follows.

B. On September 25, 2009, Defendant 2-san Construction Co., Ltd. entered into a contract for the repair of defects and usage inspection (1) with the Defendant Construction Mutual-Aid Association for the repair of defects and entered into a contract for the repair of defects as indicated below (hereinafter “instant contract for the repair of defects”) with the guarantee creditor as to the instant apartment as a optical market, and was issued by the Defendant Construction Mutual-Aid Association.

On the other hand, Article 3 (3) of the letter of warranty contract of this case provides that if the council of occupants' representatives of the apartment of this case is constituted, the guarantee creditor shall be deemed to have changed to the luminous market.

The period of guarantee No. 1 C 950,380,940 on October 30, 2009 - D 950,380,940 on October 29, 2010 - October 30, 2011, E 1,425,571,409 on October 30, 201 - F 712,785,705,705 on October 4, 2012 - Defendant 1 was newly constructed on October 30, 201 - Defendant 209 on October 30, 2019 - Defendant 2,712,785,705, 205 on October 30, 2009 - Defendant 5 G 712,785,705,705,509 on October 29, 2014).

C. (1) The construction of the apartment in this case did not construct the part to be constructed in accordance with the design drawing in the construction of the apartment in this case, or performed an defective construction or a modified construction, thereby causing defects such as rupture, water leakage, etc. in the section for common use and section for exclusive use of the apartment in this case. Accordingly, the apartment in this case has a function as the apartment in this case.