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(영문) 광주지방법원 2020.02.13 2018가합50760
하자보수에 갈음하는 손해배상
Text

1. Of the instant lawsuit, the Plaintiff’s claim against Defendant B Co., Ltd. and Defendant D and Defendant F Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff is a party in accordance with the Multi-Family Housing Management Act (hereinafter “instant apartment”).

(2) Defendant B (a mutual company was a stock company at the time of sale, but the mutual name was changed on March 23, 2016) is the company that sold the instant apartment to occupants, on behalf of the occupants, etc. of 10 Dong 228 households.

3) Defendant D (the trade name at the time of sale is the same as now, but on February 18, 2014, the trade name was changed to E Co., Ltd., and the trade name was changed on March 23, 2016 again.

() Defendant F (the trade name at the time of sale is the same as now, but the trade name was changed to G Co., Ltd. on February 18, 2014, and the trade name was changed again on March 23, 2016.

(4) The Defendant Housing and Urban Guarantee Corporation is a corporation that guarantees the repair of defects in the apartment of this case for Defendant B, as seen in the following sub-paragraph (b).

B. On November 11, 2013, Defendant B entered into a contract with the Korea Housing and Urban Guarantee Corporation for the sale of the instant apartment and the warranty liability of the Defendant Housing and Urban Guarantee Corporation (hereinafter “instant warranty contract”) with the residents from November 20, 2013, after obtaining permission for the construction of the instant apartment from the head of the Gwangju Metropolitan City mine, and publicly announcing the invitation of occupants on November 15, 2013, Defendant B entered into a contract for the sale of the instant apartment from November 20, 2013 to November 20, 2013. 2) on February 9, 2015, Defendant B entered into a warranty contract with the Korea Housing and Urban Guarantee Corporation for the instant apartment (hereinafter “instant warranty contract”). Accordingly, the said contract was issued as follows.

The guarantee creditor group shall be changed to the council of occupants' representatives when the council of occupants' representatives is organized pursuant to Article 5 of the Terms and Conditions of Guarantee.

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