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(영문) 서울중앙지방법원 2019.01.25 2016가합557819
하자보수보증금 등 청구의 소
Text

1. The part of the Plaintiff’s lawsuit against Defendant B, which claimed KRW 1,353,575,165, and damages for delay.

Reasons

Facts of recognition

The status of the parties is the autonomous management body that consists of the occupants of the A apartment 12-dong, 1267 households (hereinafter referred to as the “instant apartment”).

Crebuilding and maintenance project partnership (hereinafter referred to as “in-house partnership”) is a project undertaker who constructed and sold the apartment of this case, and Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) is a company that constructed the construction work of the apartment of this case.

The defendant Housing and Urban Guarantee Corporation (the name of the "Korea Housing and Housing Corporation" was changed from July 1, 2015 pursuant to Article 1 and Article 4 of the Addenda of the Housing and Urban Fund Act (Act No. 12989), and regardless of whether it was before or after the change; hereinafter the "Korea Housing and Housing Corporation") is a guaranteed obligation which guarantees the repair of defects after the inspection on the use of the apartment of this case by the defendant B.

On September 8, 2011, Defendant B entered into a contract for the warranty of defects (hereinafter “instant warranty contract”) with Defendant B, which guarantees the obligation to repair defects after the inspection on the apartment of this case between Defendant B and Defendant Corporation as the guarantee creditor, with regard to the light life market as the guarantee creditor.

Serial No. 1 D 1 D 1 D 209 from September 30, 201 to September 29, 2012, 2012, 1,154,517,800 E 2 E from September 30, 2011 to September 1, 2013, 154,517,800 from September 29, 2013 to September 30, 2011, from September 29, 2011 to September 1, 731, 731, 76, 700 G 404 to September 30, 2011, Plaintiff 58, 2000 from September 30, 2015 to September 30, 2018, Plaintiff 5, etc.

The apartment of this case, the defect occurrence and defect repair cost of the apartment of this case, obtained a provisional approval on September 29, 201, and around that time, the relevant household of the apartment of this case was delivered to the sectional owners, respectively. In the construction work of the apartment of this case, Defendant B did not construct a part to be constructed, or modified differently from the drawing of the defective construction or design.

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