beta
Text
1. The Plaintiff:
A. The Defendant Korea Land and Housing Corporation shall pay to the Plaintiff KRW 1,064,315,622 and KRW 1,036,056,261 among them.
Reasons
1. Facts of recognition;
A. The plaintiff is the party. 1) The plaintiff is the 554 households, A apartment 8, Dong 54, Dong 54 (hereinafter "the apartment of this case").
(2) The Defendant Korea Housing and Land Corporation (hereinafter “Defendant Corporation”) is a project undertaker who sells the apartment of this case, and the Defendant’s assistant intervenor is a construction project of the apartment of this case.
3) Defendant B corporation (hereinafter “Defendant B”)
B) The Defendant Intervenor’s assistant intervenor guaranteed the obligation to repair defects after the inspection on the use of the instant apartment. B. The Defendant Corporation entered into a sales contract with the buyer on August 26, 2013 regarding each of the instant apartment units from August 26, 2013 to the buyer. Since then, the instant apartment was newly built, and was inspected on February 6, 2015.
2) On July 10, 2015, Defendant B and the Intervenor as the insured are the Defendant Corporation: (a) as indicated below, Defendant B’s warranty contract with the content that Defendant B will be liable for the guaranteed liability (hereinafter “the instant warranty contract”) on the defect arising within the respective period of defect repair liability according to each process under the former Enforcement Decree of the Housing Act (wholly amended by Presidential Decree No. 27444, Aug. 1, 2016) but Defendant B received a claim for the performance of the remuneration but fails to comply with the claim without justifiable grounds.
A) A contract was concluded that the rights of the insured are automatically succeeded to the council of occupants’ representatives when the council of occupants’ representatives is constituted. Since then, the insured of the instant guarantee contract was changed from the Defendant Corporation to the Plaintiff according to the said special agreement as the Plaintiff was organized by the autonomous organization of the instant apartment. [Annual table of warranty liability contract] Guarantee Period (Liability Period) (the original Plaintiff).