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1. The plaintiff's appeal against the construction company incorporated by the defendant is dismissed.
2. Defendant in the first instance judgment.
Reasons
1. Basic facts
A. Status 1 of the parties concerned) The plaintiff is A apartment on the ground B of Busan City (hereinafter "the apartment of this case").
(2) For the management of 510 households, the construction of the apartment in this case is a project proprietor and a contractor who constructed and sells the apartment in this case, and the guarantee of the defendant's house is a company that has concluded a contract for the repair of defects with the construction of the apartment in this case.
B. On January 21, 2005, the Defendant’s housing warranty contract and usage inspection 1) The Defendant’s housing warranty contract with the guarantee creditor as the Asan market between the Defendant and the Construction as of January 21, 2005 (hereinafter “the instant guarantee contract”).
(1) Around February 1, 2006 to January 31, 2006 from February 1, 2006 to February 31, 2005 to January 31, 2007 (2 years), Plaintiff 3 E 450,947, 484, 2005 to February 1, 2008 to January 31, 2008 (3 years), Plaintiff 225,473,474, 205, 215, 251, 205, 205, 35, 205, 205, 205, 30, 205, 205, 205, 205, 205, 31, 205, 205, 205, 205, 31, 205, 205, 215, 215, 25, 25, 201.
C. In the process of construction of the apartment of this case, the construction of the apartment of this case 1) the Defendant's apartment of this case caused defects such as rupture, water leakage, etc. in the part of the common exclusive ownership of the apartment of this case by failing to construct the part to be constructed in accordance with the design drawing, or performing defective construction or alteration construction, and resulting in a trouble in the function and safety of the apartment of this case. 2) The construction of the Defendant collected from January 12, 2006 to construct the apartment of this case, and did not properly perform the defect repair duty even though the Plaintiff received a request for defect repair from the Plaintiff.
3. For this reason, this case.