Text
1. The Plaintiff:
A. The development of the marina Industry Co., Ltd. is 411,492,846 won and 101,000,000 won among them.
Reasons
1. Basic facts
A. Status 1 of the parties ) The Plaintiff is Kimcheon-si A apartment on the ground B (hereinafter “instant apartment”).
In order to manage 1,084 households, it is an autonomous management body consisting of representatives of occupants. 2) Defendant Han-gu Industrial Development and Taeil Construction Co., Ltd. are the business entity that constructed and sold the instant apartment, and the Defendant Seoul Guarantee Insurance guarantees the obligation to repair the defects of the instant apartment for the development of the Mapo-gu Industry.
B. The apartment of this case was approved on October 21, 2004 for the apartment of this case from December 28, 2007 to October 20, 2009 to October 20, 2009 to October 20, 200,371,8702D 2D on December 28, 2007, to October 200 to October 20, 2014. The development of the Hanma Industry was approved on October 31, 2004. On December 31, 2007, the insured and the guarantee creditor of the apartment of this case were determined as the Seoul Guarantee Insurance Co., Ltd. as the market of Kimcheon-cheon.
(2) The defect warranty insurance policy issued pursuant to the instant guarantee insurance contract indicated as a special article, stating that “if the council of occupants’ representatives or the management body is organized, the insured’s rights are automatically succeeded to the same council of occupants’ representatives or the management body.”
C. 1) The construction of the apartment of this case was not constructed in accordance with the design drawing while the development of the marina Industry newly constructed the apartment of this case, or the construction was performed in a way different from or inadequate from the drawing, and there was a defect such as rupture and water leakage in the section for common use and section for exclusive use of the apartment of this case. The Plaintiff continuously demanded the repair of defects in the development of the marina Industry from August 2010 to August 2012 after the occurrence of the defect. 2) The development of the marina Industry was partially repaired from around 2010 to November 201.