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1. Of the lawsuit against D Co., Ltd., Defendant C Co., Ltd., the Plaintiff’s taking over of the lawsuit, KRW 717,693,593 and its objection.
Reasons
1. Basic facts
A. The Plaintiff is an autonomous management organization organized by occupants through lawful procedures to manage A apartment units, 411 households, and ancillary facilities (hereinafter “instant apartment units”) located in Gangnam-gu Seoul, Gangnam-gu. The Defendant Union is a business entity that constructed and sold the instant apartment units, and before the division, C Co., Ltd. was a business entity that contracted the construction of the instant apartment units (hereinafter “instant contract”) from the Defendant Association to a contract for the new construction of the instant apartment units (hereinafter “instant contract”). A Co., Ltd was newly incorporated on May 2, 2018, and D Co., Ltd was comprehensively succeeded to the rights and obligations of the said new corporation under the instant contract; hereinafter “Defendant C”). The Defendant Housing and Urban Guarantee Corporation (Korea Housing Guarantee Corporation pursuant to Article 4 of the Addenda of the Housing and Urban Fund Act was changed to the Housing and Urban Guarantee Corporation; hereinafter “Defendant Guarantee Corporation”).
B. 1) On January 10, 2014, Defendant C’s warranty contract that guarantees the obligation to repair the defects of the instant apartment complex between Defendant C and the Guarantee Corporation (hereinafter “each of the instant warranty contracts”) (hereinafter “each of the instant warranty contracts”).
B. A contract is concluded by the Defendant Guarantee Corporation with each of the following specifications stated therein and deposited them with the head of Gangnam-gu Seoul Metropolitan Government Office, which is the authority for usage inspection. Each of the above guarantees is stated as follows: “No guarantee is liable for any defects incurred prior to the period of guarantee, and the guarantee creditor shall be changed to the council of occupants’ representatives under Article 60(2) of the Enforcement Decree of the Housing Act, and shall be deemed to be the change to the council