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(영문) 광주고등법원 2020.10.28 2020나20875
하자보수에 갈음하는 손해배상 등 청구
Text

Of the judgment of the first instance, the part concerning Defendant B and Defendant Housing Urban Guarantee Corporation shall be changed as follows:

Reasons

Basic Facts

The plaintiff is an autonomous management organization that consists of occupants for the management of the 11st apartment in the Nam-gu Seoul Metropolitan City (hereinafter referred to as the "the apartment of this case") and 687 households.

Defendant B is a company that succeeded to the rights and obligations of the seller of the instant apartment complex owned by the said company as a result of the construction of the instant apartment complex and the merger of F, which sold in around September 201, and C is a contractor who entered into a contract with Defendant B for the new construction of the instant apartment complex, and Defendant Guarantee Corporation (the name of the Korea Housing Guarantee Corporation pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act (hereinafter “Defendant Guarantee Corporation”) changed to the name of the Korea Housing and Urban Guarantee Corporation pursuant to the Housing and Urban Guarantee Corporation Act; hereinafter “the name was changed to the Korea Housing and Urban Guarantee Corporation”).

A contract for the repair of defects is concluded between the Defendant Guarantee Corporation and the Gwangju Metropolitan Government as a guarantee creditor and a contract for the repair of defects for the new construction of the apartment complex (hereinafter “each of the instant guarantee contracts”) as shown in the following table, and it was issued by the Defendant Guarantee Corporation.

After that, the Plaintiff, an autonomous management organization of the apartment of this case, was organized, the guarantee creditor of each of the instant contracts was changed to the Plaintiff.

On June 2, 2014 through June 1, 2015, the warranty period of which was 371,487,894 from June 2, 2014 to June 1, 2015 (1 year) to June 1, 2016 (2 years to June 2, 2016) 3, 742,975,7864 on June 2, 2017 to June 1, 2017; 357,231,840 on June 2, 2018 to June 1, 2014; 357,231,840 on June 2, 2018 to June 2, 2014; 1.5,63,57,584,65,67,645,67,615,67,63,64,675,615,615,67,615,67

The defects of the apartment in this case are rupture after the commencement of the occupancy.

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