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(영문) 서울중앙지방법원 2018.02.21 2015가합574398
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendant Daewoo Construction Co., Ltd., Hyundai Industrial Development Co., Ltd., and Daelim Industrial Co., Ltd.

Reasons

1. Basic facts

가. 당사자들의 지위 원고는 부천시 원미구 중동로 107(중동)에 있는 중동팰리스카운티 아파트 29개동 3,090세대 및 그 부대시설(이하 '이 사건 아파트‘라 한다)을 관리하기 위하여 그 입주자들로 구성된 자치관리기구이다.

The non-party representative reconstruction association of the non-party representative apartment (hereinafter referred to as the "non-party representative reconstruction association") is a business entity that constructed and sold the apartment of this case with the approval of the business plan on July 15, 2004, and the company that constructed the new apartment of this case by contract with the non-party representative reconstruction association of this case (hereinafter referred to as the "the non-party representative reconstruction association of this case") and constructed the non-party representative construction company (hereinafter referred to as the "Defendant treatment Construction"), the defendant Hyundai Industries Development Co., Ltd. (hereinafter referred to as the "Defendant Hyundai Industries Development Co., Ltd."), and the defendant representative forest industry Co., Ltd. (hereinafter referred to as the "the defendant representative construction, modern industrial development, and forest industry" referred to as the "the construction of the apartment of this case").

The defendant Construction Mutual Aid Association is a guarantee agency that entered into a warranty contract for defects after the inspection of each apartment of this case between the defendant Treatment Construction and Hyundai Industrial Development, and the defendant Housing and Urban Guarantee Corporation is the guarantee agency that entered into a warranty contract for defects.

B. Article 4 of the Addenda to the Enforcement Decree of the Housing Act (amended by Presidential Decree No. 19935, Mar. 16, 2007) (amended by Presidential Decree No. 19935, Mar. 16, 2007) provides that Article 61 and subparagraph 2 of attached Table 6 of the Enforcement Decree of the Housing Act shall apply from the first approval of a project plan under Article 16 of the Act, the first approval under Article 42 (2) 2 of the Act, or the first application for a building permit under Article 8 of the Building Act, and as seen earlier, the approval of a project plan for the new construction of the apartment of this case shall be applied to the construction before the enforcement of the said Enforcement Decree.

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