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1. Defendant Construction Mutual Aid Association’s KRW 89,095,157 as well as its annual interest from January 16, 2015 to May 19, 2016.
Reasons
1. Basic facts
A. The Plaintiff is an autonomous management organization that consists of representatives of occupants, etc. to manage five A apartment units located in Busan Southern-gu B (hereinafter “instant apartment units”) and 678 households.
Defendant Daewoo Construction is an executor who constructed and sold the apartment of this case and a new construction work of the apartment of this case.
B. On December 27, 2004, Defendant Construction Mutual Aid Association entered into a contract for the warranty of defects with the guarantee creditor regarding the instant apartment (hereinafter “instant warranty contract”) and issued the warranty insurance policy with the Nam-gu Busan Metropolitan City as to the instant apartment. Of them, the part related to the instant case is as follows.
After the defect of 319,442,504 columns, bearing wall 10 years from January 20, 2005 to January 19, 2015, the guarantee creditor of each of the instant apartment units was changed to the Plaintiff.
C. Defendant Daewoo Construction was inspected on January 13, 2005 on the instant apartment. D.
After that, there have been ruptures on the walls, columns, and floors of the apartment of this case, and the plaintiff demanded several remuneration from January 16, 2007 to the defendant Daewoo Construction.
At present, only the bearing wall and column of the apartment of this case (hereinafter collectively referred to as "the same heat of this case") have been generated in the apartment of this case as shown in the attached Form.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 4, 5, and 7 (including branch numbers, if any), the appraiser's appraisal result, the purport of the whole pleadings
2. As to claims on Defendant Treatment Construction
A. The Plaintiff’s assertion 1) The owner of the instant apartment is either the old Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 7502 of May 26, 2005), Article 9(1) of the Civil Act, Article 671 of the Civil Act, or the old Act.