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(영문) 서울중앙지방법원 2012.06.15 2010가합112023
하자보증금 등
Text

1. The plaintiff's rehabilitation debtor B shall confirm that the rehabilitation claim for the plaintiff's rehabilitation debtor B is 2,096,412,336 won;

2. The plaintiff, .

Reasons

1. Basic facts

A. The parties 1) The plaintiff is the 11-dong 966 apartment units A on the land of Yeongdeungpo-gu, Young-gu, Yeongdeungpo-gu, The plaintiff is the 11-dong 966 apartment units.

2) For the management of the apartment of this case, B is an autonomous management body consisting of occupants. (2) A is a project proprietor who constructed and sold the apartment of this case. Defendant Cho film is a company whose name and seal is written in the project proprietor’s column for approving the inspection of the use of the apartment of this case, and Defendant Construction Mutual Aid Association guarantees the defect repair obligation of the apartment of this case as follows

B. A contract for the warranty of defects was entered into between the Defendant Construction Mutual Aid Association and the Defendant Construction Mutual Aid Association with respect to the instant apartment as a guarantee creditor and each contract for the warranty of defects (hereinafter collectively referred to as “each of the instant warranty contracts”) with the following contents as stated in [Attachment 1].

(Then, the secured creditor of each of the instant contracts was changed to the Plaintiff). Meanwhile, the instant apartment was approved on February 28, 2006.

The guarantee number No. 1 F columns and bearing walls of February 27, 2006 to February 26, 2016 (10 years) 622,395,572 G beams, floors, roof from February 27, 2006 to February 26, 2011 (5 years) 62,395.5723 H H from February 27, 2006 to February 26, 2009 (3 years), including 1,24,791, 1424, 2424 and 26, 208 to February 26, 206 (26, 206 to June 26, 207; 206 to June 26, 207; 206 to June 26, 2008 (206 to June 26, 207; 206 to September 26, 2007)

C. B, such as the occurrence of defects, failed to construct the apartment of this case in accordance with the design drawings, or modified the construction differently from the defective construction or design drawings.

The sectional owners and the plaintiff of the apartment of this case continuously requested the repair of defects to B from the time when long elapsed since the occupancy.

Accordingly, B performed repair work for some defects.

Nevertheless, the apartment of this case is classified by the defect repair liability period.

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