(영문) 서울남부지방법원 2018.05.18 2016가합101458

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(영문) 서울남부지방법원 2018.05.18 2016가합101458

하자보수보증금 등 청구의소

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1. The Plaintiff:

A. Defendant M&C Co., Ltd. shall be KRW 1,142,579,571 and KRW 201,00,000 among them.

Reasons

1. Basic facts

A. The plaintiff is a party to the dispute 1) A apartment in the former North Korea-gun B (hereinafter referred to as "the apartment in this case").

(2) On April 14, 2011, 201, an international asset trust company (i.e., international trust company: international trust company; hereinafter “international asset trust company”) entered into a management-type land trust contract with respect to the instant apartment and its site (hereinafter “instant trust contract”) with an international asset trust company (i.e., international trust company: hereinafter “international asset trust”). International asset trust is a company that carries out and sells the instant apartment construction project in accordance with the said trust contract.

3) Defendant M&C Co., Ltd. (hereinafter “Defendant M&C”)

The company that constructed the apartment of this case and the defendant Housing and Urban Guarantee Corporation (hereinafter referred to as the "Defendant Guarantee Corporation")

(B) On June 15, 2012, the Defendant M&C entered into a contract with the Defendant M&C to guarantee the obligation to repair the defects of the instant apartment (hereinafter “each of the instant warranty contracts”) and deposit each of the warranty contracts issued by the Defendant M&D with the Governor of Jeollabuk-do, who is the authority for usage inspection, on the following grounds: (a) the Defendant M&D entered into a contract with the Defendant M&D to guarantee the obligation to repair the defects of the instant apartment; and (b) the Defendant M&D entered into each of the warranty contracts issued by the Defendant M&D with the Defendant M&D and deposited it

Each of the above warranty certificates states that "no guarantee shall be liable for any defect that occurred prior to the period of guarantee, and the guarantee creditor shall be changed to the council of occupants' representatives when the council of occupants' representatives is organized pursuant to Article 60 (2) of the Enforcement Decree of the Housing Act."

[S] The warranty number of the details of the issuance of a warranty bond is the guarantee number.

참조조문

-주택법 시행령 제60조 제2항

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